I NEED HELP!!!

[themagicoen]

Alright, I've been driving for a owner for 5 months as of today. I've only taken off 2.5 weeks in 5 months. As a team, I belived this was good. I told my owner many times that I was planing on taking 2 weeks off on June 28th thru the 12th of July. I orginally planed to worked a MIN of 6 weeks before this time but I had to take on a new team partner and he wanted to be home for Memorial Day, which ended up being a week. So instead of 6 weeks out before, we will have 4 weeks. We had a huge argument last night about this and the owner went on bout how his truck has not been profitable and can't afford to be down for that much time. I offered $1000 payment to cover lost reveune and a written gaureenteen that I will work at least 6 weeks after and if not will face penalties. He repeated with that if the truck isnt back in service after 4-5 days that he doesnt know what he was going to do. I told hime that I needed to know what his plans were and if he would accept my offer or I would be forced to return the truck to him Ohio, as that is the only was I can be certian I can controll the outcome. He called me up today and said if the truck isnt back in service after 4-5 days that he is going to cut my pay by 2%, require quite higher ratings for panther, 2 months min notice on time off and require a min of 10000 miles/3 weeks before time can be taken off. This is belive is an insane request and put in my 30 notice of termination of contract. What would you do in this situation? All i wanted was time off and it got blowen way out of porpotion. Here is what i have Grossed for the owner in 4.5 Months, I havent added the last few weeks.

Total Paid Miles 37908
Total Acutal Miles 38493
Total Unpaid Miles 7050
Avg Surcharge 0.3
Total EM 262.24
Total Canada 692.5
Total DH 524.5
Total Extra 150
Total Mile Pay $46,308.00
Total Surcharge Pay $8,827.00

His cut is 38% of Mile pay and Canada. The truck has been bout 80% team, 20% solo.
Any thoughts? I think this owner is insane telling me this truck hasn't be proitable and that it can't afford to be down for 2 weeks with a garuenteed 6 weeks on after.

Ps Sorry bout spelling - no spell checker!!!

 

[davekc]

You may or may not like my answer. Your owner is incompetent and a total bs'er if your facts are correct.. I don't care if he is an owner with Panther or the millionaires driver club.
He has no control over any percentages or demands from Panther. Two percent for what? He is ripping you now at 38 percent. Additionally, they don't change your acceptance or in service numbers because he demands it.
If he wants 10,000 miles every two weeks, I would ask if he is dispatching and finding your loads? He can't garantee anything unless he finds loads for his drivers as we do.
My quess is he doesn't, or you wouldn't have 7000 miles DH on 39,000 miles. Way too high in my opinion. Should be no higher than 10 maybe 15 percent tops.
You have .3 on surcharge? Not sure what .3 represents? .30 cents?

Of course I have to ask...........what penalties? There are none. He is full of blank if he tells you there are. That is why you are a independent contractor. Not a employee.
Since you are a independent contractor, he can't specify milage quotes, specific time off or in any increments.
It really sounds like you have an inexperienced owner.

As to whether he is making a profit? Hard to tell. If he is managing his money simular to the rest of what you are describing, he very well may be in trouble if your account is accuate.
He may or may not have put the minumum down with no capital reserves. That can turn ugly if he really doesn't know what he is doing.

If you need additional information, you can PM or email me.









Davekc
owner
21 years
PantherII
EO moderator

 

[late for dinner]

You are ok, its your owner who needs help!

 

[RichM]

You sound like a hard working driver working for a guy who does not appreciate you and your efforts. There are lots of owners looking for drivers with good work ethics,if I was you I would be out of there.

 

[Tennesseahawk]

Your partner wanting Memorial Day off should have no bearing on something you notified the owner about beforehand. If need be, you could run the truck while your co-driver is off and you don't want to be. Likewise, your co-driver could drive while you're on your vacation.

Grossing $2700/week isn't chump change. If he needs more than $1000/week, he sounds like he's in a world of doodoo, like Dave said. How many trucks does he have? Maybe he has 6 ex-wives and 11 kids to support.

If the situation is everything you say, I'd be proud to have you drive for me. Unfortunately, I don't have any trucks :-(

Don't EVER offer money for time off you deserve!!! This guy is micromanaging you to the point of being an employer. At least you'll know more when you get in the next truck. For one, make an agreement with the other driver before you talk to the owner. Another, if an owner makes a threat regarding your pay, get out. Personally, I would give this guy one week. Because, with 30 days, he has numerous paychecks which he can choose ways to deduct or short you on your pay.

Good luck!

 

[arkjarhead]

Magic Man,
There is a corny pick up line some guys have tried to use that says drop the zero and get with a hero. Not trying to advertise but my owner is the bomb give me a call if you want to see about another job. 501-412-1814


Brad Hodges

 

[guest]

I would have to agree with DaveKc,Tenneseahawk and RichM. If he has know for some time that you wanted that time off then shame on him. Most people don't plan to fail, they fail to plan and that is what your truck owner did. I think maybe you should look for a new owner. Maybe DaveKc has a truck open.

It sounds like your truck owner is an employer.

Drive safe

Dave Mayfield
FEDExCC/Roberts Express O/O Since 3/1/1995
C1847,C2045,D3397,D5047

 

[x06col]

THE FLOGGING WILL CONTINUE UNTIL THE MORALE IMPROVES!!!!!

 

[x06col]

AND, THE UNPAID MILES ARE UNDER 100!!!!
(Sorry I meant to add that before)

 

[davekc]

We have one opening on a brand new truck that likely will be filled this weekend as we have made a commitment to this team. If that changes, I would be happy to talk.
Thanks Dave for the plug.








Davekc
owner
21 years
PantherII
EO moderator

 

[mygroupllc]

I would take the truck back to him or panther get put on the list of available drivers and before your time off is up Im sure you will have a new owner.

if you only took 2.5 weeks off in 5 months your ok in my book its unreasonable to expect someone to work that much even if they are single with no family.

dont pay him money for time off you already earned and find an owner who knows enough about trucking to turn those deadhead miles into paid miles.

 

[guest]

Anytime Dave, Did that team I sent to you come on with you?

Drive safe

Dave Mayfield
FEDExCC/Roberts Express O/O Since 3/1/1995
C1847,C2045,D3397,D5047

 

[davekc]

I didn't hear back or ever talk to them. Don't know anything on them. We have a team from TN that I believe we are going to go with.
They as well are from Fedex WG




Davekc
owner
21 years
PantherII
EO moderator

 

[guest]

Dave

Great to hear you got a team for the truck. I still have one sitting, But I may go out in it for a few runs. Haven't been out for a few month's now because been working on the house.


Drive safe

Dave Mayfield
FEDExCC/Roberts Express O/O Since 3/1/1995
C1847,C2045,D3397,D5047

 

[Broompilot]

Start LOOKING RIGHT NOW... This guy if what you say is really true, is a terrible business owner. There are way better opportunities listed on the EO want ads. You owe this guy NOTHING, he should be greatfull at your %s.

In your future interviews do not go on about this problem, keep it short and just show your % of availablity, miles run and what you expect of time off when this question is asked, if the owner is willing to give more and you want it than take it if not than run.

Good Luck.

 

[ATeam]

What would you do in
>this situation?

In that situation, I would find a new fleet owner and perhaps a new co-driver too, one whose thoughts about time out and time at home are similar to yours.

 

[themagicoen]

I would like to thank evreyone for their responses. Let me clarify on the pay, my current pay rate is 62% + 100% of evreything else except Canada. His cut is 38%. The $46k I posted in total truck gross, his cut is somewhere around $18,000 for 4.5 months. On line bout my team partner, it was his 1st time ever out trucking and after 4.5 weeks out his was ready for time off and thats what I concided and went home. Yes, I could of went out after droping him off but I ussually have to deadhead 400+ miles to get home (Minnesota) <- Thats why I wanted to open the wonderfull "Expidters Retreat" in Kentucky. The owner called last night bout 6 times between 12am and 2am demanding that truck be returned to his property asap, + he sent me an email this morning. Just now am I doing that after going over my options. He also called P2 and said that we QUIT!!! That got changed in big hurry. Were a good team, we've been working hard, made good money for the time we've been on the actual road - we were down for a couple of weeks at his office waiting for a new truck and his seems think that counts towards home time???? I just want to buy a truck and run for myself but my credit sucks and I have no money to put down. Well agian, thanks for the responses it has helped greatly.

 

[themagicoen]

Terms of the new contract if my vacation is over 4-5 days.

1. Pay rate of 60%
(old pay rate was 62%)
2. Weekly Bonus to be $50 for each driver if truck#5180 logged 3000+ loaded expedited miles.
(We now get $50 for over 3k, and $25 for each 500 miles over)

3. Numbers/Percentages to meet and/or beat

On-Time=95%

Acceptance=87%

In-Service=80%
(We don't have any current thing in our current contract)
4. Vacation requests must be sent to at least two months prior to requested dates and will be approved or declined depending on the business' needs or other vacation requests.
(this is insane request)
5. Time on the road to be 3 weeks or 10,000 miles and then 4-5 days off.
(this is fine but there is nothing in our current contract requring this)

 

[jaminjim]

I am sorry but I would probably get a log book violation from PII for speeding in order to get him his truck. IF your numbers, and side of the story are correct, you will be a great asset to most any owner.

 

[greg334]

OK I am going to open my mouth and get a few p*ssed at me with my comments. Dealing with a lot of IT contractor issues in my career, these are exact things that owners should not do or demand out of drivers. Some I ran into think that they are Gods.

Before I start my rant, please explain the Canada thing. Does he get 100% of your revenue for a Canadian run?

OK here goes.......

The fact is that every contractor is hired to do a job and there are limitations of what they can be told to do and what they can’t be told to do – well establish limitations I might add - an independent contractor is just that INDEPENDENT. You are hired to make decisions, not to take orders - when you take orders you are an employee. You have a license that is obtained only because of the skills and knowledge you posses and the demonstration of those said skills and knowledge – which means that you are a professional driver and this separates you from the public at large. Because of this very reason, you are called upon to make decisions based on your skills and knowledge and that because you are contracted to use these skills as you see fit to have an outcome of an on time and safe delivery within the confines of the laws that govern the profession you are in, you can not be dictated by anyone on how to use these skills and knowledge and can't be told to break the law.

But in your case, I would assume a few things.

First is I assume you have a contract?

Second that there is no expectation of revenue generated, meaning he did not set specific goals for the revenue withint specific time frames in the contract?

Thrid assumption is that he did not set any limitations of the truck down time for R&R or vacation? stupid if he did.

You did state up front specific time off, so take it. He can’t force a new contract on you unless you agree to it or unless there is a termination clause in the contract stating other wise, don’t worry about it.

So with these few assumptions, here is what I think.

First thing is that you are an independent contractor that just became an employee – congrats. For all intent and purpose the new vacation policy thing did that for you. Because there is no deadline on a project, nothing critical specific goals to be done on or by a specific date and nothing in the contract that specifically states these things, screw him.

The second thing is I would take the loss and tell him to pick up his truck, I WOULD NOT DELIVER IT TO HIM UNDER ANY CIRCUMSTANCES. He has terminated the contract by telling PII that you quit which means that your obligation to ensure that his property is returned to him ended the second he did that without your permission or the 30 day grace period. I would tell him that his truck is parked at X truck stop and the keys are locked in it. His problem if it is towed.

I am sick of a**hole owners who c**p on people to make a buck.

AND remember it is not your fault he is the way he is.

OH YEA, for all you newbies, this is why you need to have a contract and legal advice.