AMonger
Veteran Expediter
That doesn't make him anybody's employee. He could, depending on the work arrangements, be an independent contractor. Most expeditors are.
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You know the problem with bad cops? They make the other 5% look bad.
Beware! Drivers&Owners
- Thread starter Big Al
- Start date
That doesn't make him anybody's employee. He could, depending on the work arrangements, be an independent contractor. Most expeditors are.
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You know the problem with bad cops? They make the other 5% look bad.
My Son was my partner.
The company who caused the accident has admitted liabilty; however, until this is concluded there's no payment.
Workmans comp is supposed to cover you in the interim until a settlement. It is a constant struggle to get medical help for someone uninsured. He is getting some help through the lawyers but it's a slow go.
I have struggled a long time whether to post this. I just wanted to help anyone in a similiar situation.
For those of you who seem to have 20/20 hindsight and think something couldn't happen to you because your on top of it, I hope all goes well with you.
For those of you that had compassion I wish you well also and I appreciate your compassion and thank you.
The company who caused the accident has admitted liabilty; however, until this is concluded there's no payment.
Workmans comp is supposed to cover you in the interim until a settlement. It is a constant struggle to get medical help for someone uninsured. He is getting some help through the lawyers but it's a slow go.
I have struggled a long time whether to post this. I just wanted to help anyone in a similiar situation.
For those of you who seem to have 20/20 hindsight and think something couldn't happen to you because your on top of it, I hope all goes well with you.
For those of you that had compassion I wish you well also and I appreciate your compassion and thank you.
Amonger, if Bolt paid the truck and the truck was owned by Big Al, then his son would be paid by Big Al not bolt. If their son leased the truck from Big Al then their son leased it on to Bolt then their son would be the contractor.
This is from Big Al's OP
History, we were leased to Bolt last year and my Son was driving for us and when he went for a pickup in N. Michigan,
It doesn't matter how many ways you slice it, their son was never a Bolt employee or contractor, because Big Al owned the truck that was leased onto Bolt.
Yes I know a lot of drivers that are being paid by a 1099, but just because their being paid that way doesn't mean it's legal. Check the IRS rules for independent contractors and you will find out that a person driving for a contractor is a employee not a contractor.
This is from Big Al's OP
History, we were leased to Bolt last year and my Son was driving for us and when he went for a pickup in N. Michigan,
It doesn't matter how many ways you slice it, their son was never a Bolt employee or contractor, because Big Al owned the truck that was leased onto Bolt.
Yes I know a lot of drivers that are being paid by a 1099, but just because their being paid that way doesn't mean it's legal. Check the IRS rules for independent contractors and you will find out that a person driving for a contractor is a employee not a contractor.
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greg334
Veteran Expediter
The IRS has nothing to do with who is a contractor other than to determine if there are taxes owed.
The la
Legal issue has to do with the way the driver drives for the owner, who controls what and how the driver works.
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There is a lesson in routine personal due diligence here. IMHO, everyone should check their personal accounts frequently to be sure that what should be appearing is, and more importantly, for what shouldn't appear. We are in the age of rampant identity theft.
This went on for 9 months. Simple routine auditing of the account would have prevented this problem. I check my account several times a week and on occasion have noticed routine debit transactions not happening on time. I always call to make sure everything is O.K.
I'm not trying to slam the OP here, I wish all the best in the situation. But, it's a story that anyone looking to run this type of business can learn from. It's only a couple of minutes out of your day to access your accounts and make sure everything is cool.
This went on for 9 months. Simple routine auditing of the account would have prevented this problem. I check my account several times a week and on occasion have noticed routine debit transactions not happening on time. I always call to make sure everything is O.K.
I'm not trying to slam the OP here, I wish all the best in the situation. But, it's a story that anyone looking to run this type of business can learn from. It's only a couple of minutes out of your day to access your accounts and make sure everything is cool.
I agree with your opinion. My Son should have been checking his checking account to ensure that routine charges were there; however, that's the whole point of the post.
We sometimes check for things on credit/debit cards for false charges but overlook recurring charges that are supposed to be there. It's a matter of discipline.
I just hope everyone is as diligent as they're supposed to be to accounts. Don't trust that the "office at your carrier is taking care of business", even though they are still loading you out.
Wouldn't be a bad thing to make up a check list like pilots do. I do the same thing with load offers for the important bullet points, i.e. where's pickup & dropoff, pay, time, etc.
I appreciate your sympathy and hopefully everyone develops your good habits.
God Bless You
Big Al
greg334
Veteran Expediter
I have a few, one for pre/post trips and one for hazmat. I have a few for finances and record keeping.
Always good habits come from check lists.
AMonger
Veteran Expediter
Driving for a contractor is not determinative in whether or not one is an employee or a subcontractor. It's a simplification, but if the driver has control over his work, works without supervision, etc., he's a contractor.
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You know the problem with bad cops? They make the other 5% look bad.
Gregg here is the IRS rules on if a person is a independent contractor or not, and yes they do make the rules for tax purposes and they can come back on the owner of the business for back taxes. ie SS
You will see there is a list to to find out if you are a employee or not. I will tell you now that I can count on one hand the number of legal independent contractors driving for a leased contractor, because they do control what the vehicle does to make money.
Independent Contractor (Self-Employed) or Employee?
You will see there is a list to to find out if you are a employee or not. I will tell you now that I can count on one hand the number of legal independent contractors driving for a leased contractor, because they do control what the vehicle does to make money.
Independent Contractor (Self-Employed) or Employee?