Are You A Contractor or an Employee

Bruno · Sep 29, 2008

This Question has come up many times over the years. Are you an employee or contractor with the carrier or the owner your with? I must say at Panther you are a true contractor. They give you the CHOICE on what you want to do. So my Question to you is: Are you a true Owner/Operator with your Carrier/Owner you with or an employee that is paid to use your truck? You might want to know what I have found out.

moose · Sep 29, 2008

Bruno said:
? You might want to know what I have found out.

O.k , O.K , O.k
what have you found out ...

Moose.

buckeyewildman · Sep 29, 2008

Ok ok ok ok ok
oh smart one tell us what you know

dhalltoyo · Sep 29, 2008

No need to be terse.

The question was politely put forth.

Answer: I am a contractor. Of course, there will always be folks within any dispatch department that can not grasp that concept. Those individuals somehow believe that when a truck has a carrier's logo on it, the Owner/Operator is a company employee.

I usually just quote them the terms of the Lease Agreement and that nullifies any confrontation.

FIS53 · Sep 29, 2008

Well I know I'm a contractor as I choose my own hours, pay my own insc (not only vehicle but all other), I pay my own income taxes (not much at that).
Rob

nightcreacher · Sep 29, 2008

Bruno said:
This Question has come up many times over the years. Are you an employee or contractor with the carrier your with? I must say at Panther you are a true contractor. They give you the CHOICE on what you want to do. So my Question to you is: Are you a true Owner/Operator with your Carrier or an employee that is paid to use your truck? You might want to know what I have found out.

Your starting to crack me up.Your making as much sence as Mr. IRT.You change companies and within just a couple of weeks you know all there is about that company,and expect everyone to follow you there.Now your suggesting non of us know the difference from an owner opp and a company driver.I guarantee you that every company that puts on owner opps has looked into whether their owner opps can re-classified to company drivers.Thats companies from JB Hunt to where your at Panther.If there were the slightest chance these companies could be in the wrong,their lawyers have made sure everything is ok.There are some companies that walk on shaky ground,those that want you to run their license plates,some even pay the road taxes.More people should worry if their contract laborers can actually pass the test for self employment,just a contract doesnt make them contract laborers

moose · Sep 29, 2008

Please correct me if i'm wrong .as i might be on this .
but.
i think it was fed ex contractors that took OOIDA in 2004 for representation ,demanding to be classified as an employee ???
to squeeze some benefits .?
again ,i might be wrong ...

Moose.

nightcreacher · Sep 29, 2008

that was fed ex ground as most are treated as employees

LakeSide · Sep 29, 2008

Bruno said:
This Question has come up many times over the years. Are you an employee or contractor with the carrier your with? I must say at Panther you are a true contractor. They give you the CHOICE on what you want to do. So my Question to you is: Are you a true Owner/Operator with your Carrier or an employee that is paid to use your truck? You might want to know what I have found out.

Did IRT actually compose this "genius" of a question ?? I can actually understand what's written. .......scary

Bruno · Sep 29, 2008

nightcreacher said:
Your starting to crack me up.Your making as much sence as Mr. IRT.You change companies and within just a couple of weeks you know all there is about that company,and expect everyone to follow you there.Now your suggesting non of us know the difference from an owner opp and a company driver.I guarantee you that every company that puts on owner opps has looked into whether their owner opps can re-classified to company drivers.Thats companies from JB Hunt to where your at Panther.If there were the slightest chance these companies could be in the wrong,their lawyers have made sure everything is ok.There are some companies that walk on shaky ground,those that want you to run their license plates,some even pay the road taxes.More people should worry if their contract laborers can actually pass the test for self employment,just a contract doesnt make them contract laborers

Steve sorry, I wasn't talking about FedEX either. No I don't want you to follow me anywhere you are smart enough to make your own choice. I was talking about people that drive for owners that are leased to carriers to be honest. If the owners that have drivers and the drivers don't pay their own work accident insurance then they are your employees. Never once did I say that you didn't know what you or anyone else knows what they are talking about. It was something that I found out and wanted to pass along. So lighten up my friend

arkjarhead · Sep 29, 2008

nightcreacher said:
that was fed ex ground as most are treated as employees

Wasn't that more of thing to do with their local pick up and delivery people, and not the OTR side of the house. My cousin that is leased on to the OTR side loves it over there. He just pulls his doubles pretty much between Little Rock, Memphis, Dallas, Kansas City and St. Louis. About a year and a half ago he went solo. Before that he was teaming with a sub contractor he brought on and he was running the whole country pretty much.

You know my wife's brother is the type that when he starts a job somewhere a couple weeks in he thinks everyone should work there, and then in about 3 months he's talking about quitting.

lostandfound · Sep 29, 2008

You change companies and within just a couple of weeks you know all there is about that company,and expect everyone to follow you there.Now your suggesting non of us know the difference from an owner opp and a company driver.I guarantee you that every company that puts on owner opps has looked into whether their owner opps can re-classified to company drivers.Thats companies from JB Hunt to where your at Panther.If there were the slightest chance these companies could be in the wrong,their lawyers have made sure everything is ok.There are some companies that walk on shaky ground,those that want you to run their license plates,some even pay the road taxes.More people should worry if their contract laborers can actually pass the test for self employment,just a contract doesnt make them contract laborers.

ya know kinda got to agree with you Nightcreacher on this one.At any rate i think when you are not a full fledge O/O and /or just drive for one like i have,when the person offer's you the 40/60 split it seems they have more of a leash hold on you and say what you can and cannot do with there equip.just like company driver................just my 2 cent's worth

Bruno · Sep 29, 2008

arkjarhead said:
Wasn't that more of thing to do with their local pick up and delivery people, and not the OTR side of the house. My cousin that is leased on to the OTR side loves it over there. He just pulls his doubles pretty much between Little Rock, Memphis, Dallas, Kansas City and St. Louis. About a year and a half ago he went solo. Before that he was teaming with a sub contractor he brought on and he was running the whole country pretty much.

You know my wife's brother is the type that when he starts a job somewhere a couple weeks in he thinks everyone should work there, and then in about 3 months he's talking about quitting.

Okay I will shut up about Panther when FedEX people shut up about Fedex. I may like them now but in six months I may not. My point in posting about Panther was so people could know what it is like. As Leo said: all carriers have warts.

For years I heard and read that Panther was a bad company to be with. So far I will say that is untrue. To this day I will defend FedEx Custom Critical if someone said they are a bad company because they are not. They just have some growing pains that I don't like. I never had a problem getting paid ontime and that was why I stayed as long as I did.

I thought this was suppose to be a forum to talk about the busniess
we are in. I have learned alot from the people posting on here. I don't know everything and never will. I learn something new everyday about this business. The only time you quit learning something is the day you die.

Sorry for posting my thought's about Panther Steve. Lord knows someone better not post something good about a carrier other than FedEx Custom Critical. If you make a statement that someone might want to check into moving their truck to Panther you are someone that doesn't know what they are talking about. I could see you say that if I never drove for almost 14 years in this business. I didn't just move to Panther because they sounded good. I checked them out for myself, over the last two years.

Oh I fixed what I was asking so you can understand it better since you said I was being like Iceroadtrucker. Which I thought was a slam to him and me. But ICE is okay in my book

iceroadtrucker · Sep 29, 2008

nightcreacher said:
Your starting to crack me up.Your making as much sence as Mr. IRT.You change companies and within just a couple of weeks you know all there is about that company,and expect everyone to follow you there.Now your suggesting non of us know the difference from an owner opp and a company driver.I guarantee you that every company that puts on owner opps has looked into whether their owner opps can re-classified to company drivers.Thats companies from JB Hunt to where your at Panther.If there were the slightest chance these companies could be in the wrong,their lawyers have made sure everything is ok.There are some companies that walk on shaky ground,those that want you to run their license plates,some even pay the road taxes.More people should worry if their contract laborers can actually pass the test for self employment,just a contract doesnt make them contract laborers

Steve whats up with that man, with the slam..
Oh well I know Ur just being see nile arnt ya.
Oh well got to put the Blame on someone why not IRT.
In any case I got big Shoulders.
Just remember Make sure U and all your Pretty Truck Buddies stay in the south this winter as it going to be realy ICEY.
and the Air Temp SUBZERO BRRRRRR

ROTFLMAO HA YA KILL ME

arkjarhead · Sep 29, 2008

IRT,
Where did Subzero go and does the Navy know of your multi personality disorder? That might make things kinda hard if you have to go out on a SEAL mission.

nightcreacher · Sep 29, 2008

sorry marvin,it had to do with some of your earlier posts,they were off the wall

Bruno · Sep 29, 2008

nightcreacher said:
sorry marvin,it had to do with some of your earlier posts,they were off the wall

Steve, Iceroadtrucker is not Marvin Wagner I think. Now that was another slam to Ice and me. And I thought you was a cool person, maybe I was wrong. Thanks for the Slam Steve. See if I bring you donuts lol. But really you okay just having fun.

I have been home to long getting those FedEx signs off. The sticker remover may be making me a little crazy. lol

blizzard2014 · Sep 30, 2008

I would have to disagree with the assertion that expediters are independent contractors. We are certainly not like independent contractors who work in the constructuion field! Unlike the "real" independent contractors in the construction world, we are not allowed to contract ourselves out to multiple companies, or multiple jobs at the same time. If we were true independent contractors, we would be allowed to lease on with 20 different companies at the same time. This would give us the inherent ability to wake up in the morning and call each individual carrier on our list to inquire as to when and where our services might me required.

We are nothing more than franchise owners! You buy into the franchise and you have to represent the franchise at all times. You have to work for (and sell the services that the franchise has to offer) at the prices that the franchise sets. What else would you call it? Your truck has the franchise logo on it, you have a book that tells you how to conduct yourself while representing the franchise, and there are penalties to pay if you refuse loads. Why are we penalized for refusing loads if we are "quote unquote" (independent contractors)?

I used to be a truck driver and I had to take every load that they offered me (no room for discussion). Once again, I was an actual company driver at the time " I was a pumpkin man!" But we are not employees! why should acceptance rates matter? Most of the companies that we work for have systems in place to allow them to broker freight out to other carriers (aka, partner carriers, or independent agents) if and when one of their own drivers refuses a load. A true independent contractor can set "his, or her own" schedule, rates, and even delivery times. This is definitely not the case with a lot of carriers; because, they will "in most cases" terminate your contract if you go out of service for longer then 30 days. They will also dispatch around you if you have refused a load that will cost you more money in fuel to run the load than the load will pay the truck.

I have never seen a painter who would paint a three bedroom apartment for just the mere price of a can of paint and a few paint brushes. If you are offered a run that is going from Charlotte, NC to Savannah, GA and you know there is at least 20 trucks sitting in the metro Atlanta area and you will have to turn around and drive right back to Charlotte, then you should be able to tell your carrier that it is a "BBD" (aka, a bad business decision) without being penalized for it! Does this make any sense? Waits for the OVM to jump in on this convo lol...That's if he is not hogging up all of those long Laredo runs.

pjjjjj · Sep 30, 2008

I have to agree with you Blizzard. In fact, I have no idea how some of the carriers get away with what they do. One that we know about even asks for official 'vacation request' forms to be submitted in advance of wanting time off for whatever. They expect you to take every load offer, even though they can't tell you the rate. They won't let you broker any of your own loads, nor can you tell them about a load you want, and have them broker it on your behalf. Your ability to earn revenue is completely in their hands.
Legally, I'm sure their lawyers have their butts protected somehow, like by allowing OOs to pay their own expenses and equipment.
Oh well, I guess it just is how it is, and they will do whatever they can get away with. Can't change it, can only take it or leave it.

Bruno · Sep 30, 2008

blizzard said:
I would have to disagree with the assertion that expediters are independent contractors. We are certainly not like independent contractors who work in the constructuion field! Unlike the "real" independent contractors in the construction world, we are not allowed to contract ourselves out to multiple companies, or multiple jobs at the same time. If we were true independent contractors, we would be allowed to lease on with 20 different companies at the same time. This would give us the inherent ability to wake up in the morning and call each individual carrier on our list to inquire as to when and where our services might me required.

We are nothing more than franchise owners! You buy into the franchise and you have to represent the franchise at all times. You have to work for (and sell the services that the franchise has to offer) at the prices that the franchise sets. What else would you call it? Your truck has the franchise logo on it, you have a book that tells you how to conduct yourself while representing the franchise, and there are penalties to pay if you refuse loads. Why are we penalized for refusing loads if we are "quote unquote" (independent contractors)?

I used to be a truck driver and you have to take every load that they offer you. Once again, I was ann actual company driver at the time " I was a pumpkin man!" But we are not employees! why should acceptance rates matter? Most of the companies that we work for have systems in place to allow them to broker freight out to other carriers if and when their driver refuses the load. A true independent contractor can set "his, or her own" schedule, rates, and even delivery times. This is definitely not the case with a lot of carriers; because, they will "in most cases" terminate your contract if you go out of service for longer then 30 days. They will also dispatch around you if you have refused a load that will you cost more money in fuel to run the load than the load will pay the truck.

I have never seen a painter who would paint a three bedroom apartment for just the mere price of a can of paint and a few paint brushes. If you are offered a run that is going from Charlotte, NC to Savannah, GA and you know there is at least 20 trucks sitting in the metro Atlanta area and you will have to turn around and drive right back to Charlotte, then you should be able to tell your carrier that it is a "BBD" (aka, a bad business decision) without being penalized for it! Does this make any sense? Waits for the OVM to jump in on this convo lol...That's if he is not hogging up all of those long Laredo runs.