I would like to know if there is anywhere a contract driver can post his problems with an Owner-Operator. The company we are with will not get involved between Owner-Operator and Contract driver, so there is no route a driver can take except Lawyers to get fair treatment. Anyone have any knowledge of such a site? .. Or, maybe a site should be started,,,,,
Being fair for the contract driver
- Thread starter snowball
- Start date
arkjarhead
Veteran Expediter
i sent you a private message.
panther_art
Expert Expediter
I would like to know same thing
arkjarhead
Veteran Expediter
as of now there isn't a site that i know of where driver's can openly talk about being jacked around by an owner/company/carrier to warn other drivers about those people. mainly due to censorship and sponsorship. we the drivers really need a place to talk about the good,bad and ugly.
Broompilot
Veteran Expediter
Before signiing on did you take the time to do a back ground check, like pending or previous lawsuites??? Please answer yes or no.
Redbird Girl
Seasoned Expediter
No we did not but we did preview the contract, which is what he violated,stated give two weeks written notice (we Did) then he said that it said we had to run those two weeks and since we did not run (had been out 2 mths) he keep our pay for the two weeks,plus contract said we got paid..40% which means 40% of what the trk made,did not say 40% of loaded, witch was what we got only 40% of loaded.Biggest problem is he has nine trks and 8 with our company which means there are quite a few drivers that work for him that should not waste time giving two weeks notice if they want their pay.Also because it is a TN. contract you have to get a TN. lawyer.But we will even if the Lawyer is the only one who makes money as long as he loses.
Redbird Girl-LIVESTRONG-LIVE LONG}>
Redbird Girl-LIVESTRONG-LIVE LONG}>
arkjarhead
Veteran Expediter
redbirg girl i put a lil bug in your old man's ear if the new deal doesn't work. good luck in the future.
The reason you don't see what you are looking for isn't because of sponsorships or advertising it's because of litigation. Although Widget Fast Freight is a dishonest company that shorts miles and fails to pay all accessorials and it's universally known in the driving community as soon as it's posted on the forum WFF sues the forum. It's an unfortunate fact of current life that the lawyers both run and ruin things for the rest of us.
Leo Bricker, 73's K5LDB, OOIDA Life Member 677319
Owner, Panther trucks 5508, 5509, 5641
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
----------
Support the entire Constitution, not just the parts you like.
Leo Bricker, 73's K5LDB, OOIDA Life Member 677319
Owner, Panther trucks 5508, 5509, 5641
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
----------
Support the entire Constitution, not just the parts you like.
Outside_the_Box
Seasoned Expediter
There is a possible solution for getting paid what is owed you.
Contract drivers can be considered to be employees.
The IRS has a form 1106 SS 8 for determining the status of employee or independent contractor.
Contract drivers can be considered to be employees.
The IRS has a form 1106 SS 8 for determining the status of employee or independent contractor.
Broompilot
Veteran Expediter
This would have been all avoided had due dilligence HOMEWORK been done prior to entering into a relationship.
Before ever signing a contract with anyone a quick Google into Court Records will bring up any litigation past or present than you need to decide weather to go forward.
JUST THE FACTS. Hate to tell you, you failed to do your homework and you entered into a relationship with someone who probably has a history or cheating others, my suggestion would have most likely proven my point. Unfortunatly you have to accept a % of the blame. Sorry to tell you, been there myself but not in this business.
Contract offered means I look into Court Records for Integrity of the person/persons I will be entering into a relationship with.
Before ever signing a contract with anyone a quick Google into Court Records will bring up any litigation past or present than you need to decide weather to go forward.
JUST THE FACTS. Hate to tell you, you failed to do your homework and you entered into a relationship with someone who probably has a history or cheating others, my suggestion would have most likely proven my point. Unfortunatly you have to accept a % of the blame. Sorry to tell you, been there myself but not in this business.
Contract offered means I look into Court Records for Integrity of the person/persons I will be entering into a relationship with.
rollnthunder
Expert Expediter
Oh thats right we dont have rights anymore....Freedom of speech.....Denied....Got to love lawyers they will sue anyone they can.....
chuckwagon
Seasoned Expediter
Snowball -
Keep one thing in mind. There are alot of carrier company people on this site and alot of owner-operators. Thus you will get very very little support, comfort or understanding from them when it comes to a driver getting screwed over.
It will always be your fault, you did not do your homework, you did not do this you did not do that, etc.
I am not saying that there are not people on here who can not help and care. All I am saying is you will learn the company people and most of the owner-operators on here believe honestly they have the right to blackball you but you have no right to fight for what is yours.
Trust me - I know from experience there are good people here offering good solid advice and understanding. But there are some people here who truely believe they are always right, they can not be corrected, and drivers are nothing more than a hunk of flesh that can easily be replaced and blackballed.
Keep one thing in mind. There are alot of carrier company people on this site and alot of owner-operators. Thus you will get very very little support, comfort or understanding from them when it comes to a driver getting screwed over.
It will always be your fault, you did not do your homework, you did not do this you did not do that, etc.
I am not saying that there are not people on here who can not help and care. All I am saying is you will learn the company people and most of the owner-operators on here believe honestly they have the right to blackball you but you have no right to fight for what is yours.
Trust me - I know from experience there are good people here offering good solid advice and understanding. But there are some people here who truely believe they are always right, they can not be corrected, and drivers are nothing more than a hunk of flesh that can easily be replaced and blackballed.
greg334
Veteran Expediter
I just don’t get it.
I am not criticizing anyone here but why is it that many will search out information about the companies but don’t take the time to properly research how to be a contractor?
There have been some heated discussions between EO members and a lot written about this subject.
What Broom said is true but there are other things that you must do to make sure you don’t get screwed.
I will repeat the biggest thing that you can do to protect yourself – GET A LAWYER before you start even looking for an owner to drive for. As mentioned in this thread that you have to get a lawyer from the state where the owner is from is wrong, it really don’t matter.
I hear a lot of excuses against getting a lawyer; a lawyer cost too much, a lawyer will only take your money and not do anything for you and the one I love the best is I can do it without a lawyer. Well if you say or believe any of this, you are a fool.
The biggest thing that having a lawyer that you can go to is something called leverage. I mean that many owners think that they know it all and you have to sign or else. A few will not give you a contract to see (I think it is a law that they have to disclose the contract upon request) and others hope that you are dumb. I AM NOT SAYING ALL OWNERS ARE LIKE THIS BUT THE FEW BAD OWNERS OUTWIEGH THE GOOD OWNERS. Having a lawyer look things over, help with the decision all puts the owner in a position where he is can’t screw around.
What gets me the most is the idea that one owner is the only owner out there and if you pass up an opportunity you will never get into this business? I can’t understand why people don’t shop around and take their time.
Now I have a philosophy that has worked for many people for many years; you hire people to help you make decisions and keep you out of trouble. I have an accountant and a lawyer that I go to when I need advice or need to make a decision. If you need to sped $1000 to do so, think of it this way – if you had sue, if you don’t get paid for services rendered or something else happened where you lost time and money, that $1000 is nothing in comparison. As my lawyer has always said; “lost money can be replaced but lost time is gone foreverâ€.
The IRS thing is not going to do anything for you unless you want to pursue a lawsuit and spend some money to recover. The only time I would say this is really a good case is when you have an owner who tells you where to layover, what loads to take and forcing you to do things by making decisions for you – this is where you start becoming an employee. FedEx learned a hard lesson with a couple court cases because this is what they were essentially doing with some of their contractors. The word independent as in independent contractor means something; one is not to be given orders on how to do the work. You may have a performance obligation but outside of that you should make decisions on where to layover and what loads to take. I know of one owner who tells his drivers what to do, he may even be an EO member – don’t know.
As for a website, there were attempts made in the past, some were threatened but others just gave up on taking a chance with one exception a site for FedEx contractors and employees. I don’t think there has been a lawsuit initiated at all just threats. The last time I check the FedEx site is still up and still very popular. No advertising on it because it has one purpose. I recommend if some of you want to start a site and get going. The cost is cheap – maybe $100 a month at the most. But again many of you will complain but to put up something without advertising that may help is not going to happen.
rollnthunder said;“Oh thats right we dont have rights anymore....Freedom of speech.....Denied....Got to love lawyers they will sue anyone they can.....â€
This really has nothing to do with first amendment rights, it has to do with ownership and liable/slander laws. The sad thing is the lawyers have been involved but the ACLU, RIAA and the courts are the real villains today with freedom of speech rights.
I am not criticizing anyone here but why is it that many will search out information about the companies but don’t take the time to properly research how to be a contractor?
There have been some heated discussions between EO members and a lot written about this subject.
What Broom said is true but there are other things that you must do to make sure you don’t get screwed.
I will repeat the biggest thing that you can do to protect yourself – GET A LAWYER before you start even looking for an owner to drive for. As mentioned in this thread that you have to get a lawyer from the state where the owner is from is wrong, it really don’t matter.
I hear a lot of excuses against getting a lawyer; a lawyer cost too much, a lawyer will only take your money and not do anything for you and the one I love the best is I can do it without a lawyer. Well if you say or believe any of this, you are a fool.
The biggest thing that having a lawyer that you can go to is something called leverage. I mean that many owners think that they know it all and you have to sign or else. A few will not give you a contract to see (I think it is a law that they have to disclose the contract upon request) and others hope that you are dumb. I AM NOT SAYING ALL OWNERS ARE LIKE THIS BUT THE FEW BAD OWNERS OUTWIEGH THE GOOD OWNERS. Having a lawyer look things over, help with the decision all puts the owner in a position where he is can’t screw around.
What gets me the most is the idea that one owner is the only owner out there and if you pass up an opportunity you will never get into this business? I can’t understand why people don’t shop around and take their time.
Now I have a philosophy that has worked for many people for many years; you hire people to help you make decisions and keep you out of trouble. I have an accountant and a lawyer that I go to when I need advice or need to make a decision. If you need to sped $1000 to do so, think of it this way – if you had sue, if you don’t get paid for services rendered or something else happened where you lost time and money, that $1000 is nothing in comparison. As my lawyer has always said; “lost money can be replaced but lost time is gone foreverâ€.
The IRS thing is not going to do anything for you unless you want to pursue a lawsuit and spend some money to recover. The only time I would say this is really a good case is when you have an owner who tells you where to layover, what loads to take and forcing you to do things by making decisions for you – this is where you start becoming an employee. FedEx learned a hard lesson with a couple court cases because this is what they were essentially doing with some of their contractors. The word independent as in independent contractor means something; one is not to be given orders on how to do the work. You may have a performance obligation but outside of that you should make decisions on where to layover and what loads to take. I know of one owner who tells his drivers what to do, he may even be an EO member – don’t know.
As for a website, there were attempts made in the past, some were threatened but others just gave up on taking a chance with one exception a site for FedEx contractors and employees. I don’t think there has been a lawsuit initiated at all just threats. The last time I check the FedEx site is still up and still very popular. No advertising on it because it has one purpose. I recommend if some of you want to start a site and get going. The cost is cheap – maybe $100 a month at the most. But again many of you will complain but to put up something without advertising that may help is not going to happen.
rollnthunder said;“Oh thats right we dont have rights anymore....Freedom of speech.....Denied....Got to love lawyers they will sue anyone they can.....â€
This really has nothing to do with first amendment rights, it has to do with ownership and liable/slander laws. The sad thing is the lawyers have been involved but the ACLU, RIAA and the courts are the real villains today with freedom of speech rights.
Redbird Girl
Seasoned Expediter
No such records for him.
Redbird Girl-LIVESTRONG-LIVE LONG
Redbird Girl-LIVESTRONG-LIVE LONG
Lawyers, are they really as great as a lot of people want us to believe? I have a test for you, it is real easy, and it will explain why a lot of people that have dealings with lawyers in business, will try not to use them if they can get by. CALL A LAWYER, ANY LAWYER, AND ASK HIM HOW A JUDGE WOULD FEEL ABOUT _____ (WHAT EVER THE LAWYERS SPECIALITY IS, YOU NEED TO FILL IN BLANK). If you are fair and truthful, you will find out that it is the Judge that rules, not the laws, because a lawyer might give you his opinions on a law, but will never tell you how it will be adressed by the judge. That is what I learned in Real Estate Law, and it might not be a quote, but it is close.
All Gave Some, Some Gave All
All Gave Some, Some Gave All
Outside_the_Box
Seasoned Expediter
greg334
Veteran Expediter
>Lawyers, are they really as great as a lot of people want us
>to believe? I have a test for you, it is real easy, and it
>will explain why a lot of people that have dealings with
>lawyers in business, will try not to use them if they can
>get by. CALL A LAWYER, ANY LAWYER, AND ASK HIM HOW A JUDGE
>WOULD FEEL ABOUT _____ (WHAT EVER THE LAWYERS SPECIALITY IS,
>YOU NEED TO FILL IN BLANK). If you are fair and truthful,
>you will find out that it is the Judge that rules, not the
>laws, because a lawyer might give you his opinions on a law,
>but will never tell you how it will be adressed by the
>judge. That is what I learned in Real Estate Law, and it
>might not be a quote, but it is close.
I agree with you on the premise that a judge makes legal decisions but you need to learn about how to be in business, how to create and use leverage and how to protect yourself.
I am not promoting lawyers here, far from it - I hate lawyers but I am promoting being smart and being able to not to get to a point where you not get paid, have to file a lawsuit, lose money or precious time.
As for a lawyer giving an opinion of the law, that is not what I am saying at all, this is contract law not litigation or criminal law - there is no opnions to give other than a go, no go opinion and answer your questions about the contract.
>to believe? I have a test for you, it is real easy, and it
>will explain why a lot of people that have dealings with
>lawyers in business, will try not to use them if they can
>get by. CALL A LAWYER, ANY LAWYER, AND ASK HIM HOW A JUDGE
>WOULD FEEL ABOUT _____ (WHAT EVER THE LAWYERS SPECIALITY IS,
>YOU NEED TO FILL IN BLANK). If you are fair and truthful,
>you will find out that it is the Judge that rules, not the
>laws, because a lawyer might give you his opinions on a law,
>but will never tell you how it will be adressed by the
>judge. That is what I learned in Real Estate Law, and it
>might not be a quote, but it is close.
I agree with you on the premise that a judge makes legal decisions but you need to learn about how to be in business, how to create and use leverage and how to protect yourself.
I am not promoting lawyers here, far from it - I hate lawyers but I am promoting being smart and being able to not to get to a point where you not get paid, have to file a lawsuit, lose money or precious time.
As for a lawyer giving an opinion of the law, that is not what I am saying at all, this is contract law not litigation or criminal law - there is no opnions to give other than a go, no go opinion and answer your questions about the contract.
letzrockexpress
Veteran Expediter
Is Widget Fast Freight taking on vans??? :7