indepedent contractor drivers have no rights! Why

poodlenme · Mar 24, 2003

I have been driving 3 years. 2 years expediting. In the last 7 weeks I have been with 2 companies with 3 different owners! Not one of these 3 owners have paid me correctly or at all!
The last owner kicked me off the truck 1600 miles from home because I got a job offer (unsolicited) on the ph. and my co driver called and told him. Why dont expediter companies monitor complaints and effect penalites to owners who refuse to pay drivers what they owe them or put them in harms way via bad equipment or inhumane actions.(i.e. leaving driver stranded)Owners who who are leased with expediters carriers should be forced to adhire to proper business practices. After all their behaviors reflect greatly on the reputation as reputable carriers. After all, its we the driver that moves the freight! It should be a team effort to keep all concerned happy, safe and paid. Owners who dont pay drivers, or have bad equipment should lose their leases with said companies with numerous complaints against them. After such practices are confirmed and verified. A crooked owner should be everyones business!!!! Carriers say its not their business, but it is....crooked owners effect the trucking industry negatively in every respect. Drivers have a right to be treated fairly, with rights to lodge honest complaints with the lease company of owners who rip them off!:-( :-( :-(

geo · Mar 24, 2003

RE: indepedent contractor drivers have no rights!

join ooida they will help you out call and talk to gray green
go to landline.com put that in and you will see phone number
and callem and or join over the web site but join
also go to state labor board you have rights on job

streetsweeper · Mar 25, 2003

RE: indepedent contractor drivers have no rights!

Did you have a written contract with the owner by any chance or was it strictly verbal? Were you classified as an employee? Do contact your state labor agency if you are classified as an employee. If you went out on the truck, you should have returned with the truck back to the point of departure or home terminal. If you leave the truck sit somewhere & walk then it's your problem to get back home.

Don't sign any contracts without first taking the time to properly review it. I got into a bind recently and left hanging for a fair sum of money. A one page very loosely worded 'contract'complete with a no compete clause was given to me. I was expected to sign it right away without any chance of me or my attorney reading it first.

The client then very heatedly demanded after several days that I sign it 'to protect their trucking company' before payment would be made. It hasn't nor will it be signed.........

Live & learn the hard way, huh? DOHHHHHHH!

Fkatz · Mar 28, 2003

RE: indepedent contractor drivers have no rights!

Streetsweeper,

you said in your thread that a NON COMPETE STATEMENT WAS IN YOUR CONTRACT THAT THE OWNER WANTED YOU TO SIGN,
FIRST OF ALL IN THE TRUCKING BUSINESS THERE IS NO WAY THAT A NON COMPETE AGGREEMENT SHOULD BE IN THERE, DUE TO THE NATURE OF THE BUSINESS, THAT WOULD MEAN THAT YOU COULD NOT ALSO WORK FOR ANY TRUCKING COMPANY AT ALL, THATS BULL!!!!!

A NON COMPETE AGGREEMENT IS FOR A FIXED TYPE OF WORKING SITUATION, SIMILIAR TO MY BUSINESS,

HR BLOCK, JACKSON HEWITT, AND A NUMBER OF TAX PREPERATION FIRMS HAVE A NON COMPETE AGGREEMENT IF YOU WORK FOR THEM, IT WOULD MEAN THAT YOU COULD NOT OPEN YOUR OWN TAX FIRM WITHIN X AMOUNT OF YEARS AND MILES FROM THERE OFFICES, THAT WOULD MEAN A MIN OF 18-24 MONTHS. IT WOULD PERTAIN TO MAINLY ACCOUNTANTS, FINANCIAL PLANNERS, BEAUTY SALONS, AUTO MECHIANICS, AND MANY MORE. BUT NOT TRUCK DRIVERS PERIOD.

HOW LONG WAS THE NON COMPETE AGREEMENT FOR AND THE MILEAGE

FRANK

poodlenme · Mar 29, 2003

RE: indepedent contractor drivers have no rights!

As a imdepedent contractor we r basically Self Employed and therefore have no rights? Is there any legal way of getting monies owed to me? Everyone has the right to get paid for miles driven. As fuel prices go up owners r finding more and more ways to rip their drivers off. False deductions etc. I know it is hard out there for everyone but the main complaint owners have is they cannot keep a driver. why? BECAUSE THEY DONT PAY THE DRIVERS WHAT THEY OWE THEM! COMEON OWNERS YOU WOULD BE SURPRISED HOW LONG YOU CAN KEEP A DRIVER IF YOU TREAT THEM FAIRLY!!!!!!!!}>

teacel · Mar 29, 2003

RE: indepedent contractor drivers have no rights!

Ignore that edit I hit the wrong button. You can call the Better Business Bureau and fill a complaint with them. You also can go to your local magistrate and file charges against him. Your case would be stronger if you had another person as a witness. Didn’t you say that you had a co driver? You also have your fuel receipts. You can also call the company that you leased to and tell them you want paid for the runs or that you will include them in the suit. They may have a no lien clause in the contract with the owner but it will have to come up in court and depending how far you want to go, you can call and report that owner to L & I. Go to the police and file a complaint of theft by deception.

RobA · Mar 30, 2003

RE: indepedent contractor drivers have no rights!

As a driver, you are an employee not an independant contractor arn't you? The owner of the truck contracts with the carrier. How can you be an independant contractor?
Are there no recourses for employees, like a Labour Department for the state you live in?
Have you spoken with the carrier your owner is leased to?
Can you sue the owner for lost wages?
It doesn't seem right that a driver who is only selling his driving skills,and is not the contracting party with the carrier has no legal rights.
I doubt that a contract that takes away all your rights would stand up in court.
See a lawyer, issue a lien on his truck.
In Ontario Canada, the provincial Labour Ministry would contact the owner and assist an employee in collecting legal wages.
The CCRA in Canada would expect that taxes and other deductions would be withheld and remitted.
I'm sure that something can be done.

streetsweeper · Mar 31, 2003

RE: indepedent contractor drivers have no rights!

Frank;

The non-compete was for a year, no mileage limitations, LMAO! I didn't mean to get anyone worked up, was pointing out some facts to Poodlenme.

In my thread, it says their little contract was never signed and never will be. My company is a fully licensed business.

Due to a huge lack of business sense on my behalf, I did not have them establish an open account with my company first. I list what I give anyone wishing to conduct business with my company.

They were issued a credit app, open account agreement, personal guaranty statement (they are a new partnership), a tried and true independent contractors agreement and confidentiality statement.

No, there isn't a non-compete clause in the agreement I presented them. I've been in trucking and supportive industries too long and know when and where to use them. All they needed to conduct business with me.

Since I was busy at the time, with far more profitable accounts, I elected to let it go by the wayside, filed a complaint with The Better Business Bureau and wrote it off as a loss.
--------------------------------------------------------------------

Now lets help poodlenme get right with his/her problem!

teacel · Apr 1, 2003

RE: indepedent contractor drivers have no rights!

Yes a whole lot can be done!!!!!!!!!

But that depends Rob.
Here in the US an owner of a truck or anything else that provides a service can in fact hire ICs to perform the work. It is kind of like being a builder and getting others (IE: Plumbers, Carpenters, Masons, and Electricians) to do the work. The owner of the truck (builder) in this case is leased to the company,(owner of home) and in turn makes a lease with others (carpenter) to drive his truck (build the house).

There are all types of resources (I think that is the word you meant to use) for employees and also for ICs, here in the US. They say ignorance does excuse someone from the law. If 2 people make a contract and both parties sign it, then it becomes a binding contract. A good lawyer will tear it apart in court, but that is what it would take for a person to get out of it, (and spend lots of $$$). If what poodlenme said is true (and I’m not saying he’s not) and depending how far he wants to push this issue he can hang this guy out to dry. Remember one thing though! There are 2 sides to every story, and the judge has the last say.

In most cases the company will put a no lien clause in their contract, with truck owners, for this very reason. If an owner stiffed a driver, that driver can’t hold that company responsible.

andykin · Apr 12, 2003

RE: indepedent contractor drivers have no rights!

I was brand new to expediting last fall when I went to drive team with an O/O , who after 5 days went ballistic on me. We had a two day layover and he insisted we share a hotel room together.I didn't want to. I wanted to sleep in the truck for some brief privacy and he went nuts! The weather was quite nice and I even said I would keep the truck off to save fuel. He wouldn't have it so I was forced to take a bus home. He actually got in my face and started throwing my belongings at me. I couldn't wait to get away from him . I felt physically threatened at that point. I noticed when I told of the incident, since I was just a driver, there was nothing they could do. I was dumbfounded! I tried another teammate later on with almost exact circumstances. ! Except this jerk left me standing in a TA in Florida with no way home. I had to beg him for the tiny bit of money he owed me. God, did I learn a lesson. I just wanted to drive and make some money. I have an excellent attitude and work ethic. Honest and very hardworking. I thought these two people were too. They ended up being creeps who shouldn't be out on the road. Very sad people.:-( I have never in my life worked in a situation where I had no rights or protection from the company I represented. FEDexCC should be more supportive of their drivers! Its outrageous and extremely disappointing.

teacel · Apr 12, 2003

RE: indepedent contractor drivers have no rights!

Very interesting! Not to be rude but why did you post this? Do you want help with doing something about it? Did you post it as a precaution to other drivers? Or????

andykin · Apr 13, 2003

RE: indepedent contractor drivers have no rights!

I posted my experience because I thought this might be an appropriate forum to do so. If someone can relate , great! Sometimes its good just to get it out there. I haven't really talked much about the incident since it happened last fall.And I'm sure its way too late to try and do anything about it at this point. Reading some of the posts on this topic, brought up some of my own issues and feelings about what happened to me out there. I think I was way too trusting of these O/O's and next time will do more homework if I should ever team again. I didn't know as a driver for an O/O signed on with a well known expediting company, I wouldn't have any rights . When I complained to the co. at the time of the incident, they pretty much told me I was on my own. I couldn't believe they had no interest in trying to get me home somehow. I dropped it in disgust, and went back and started up my small business . I really enjoyed expediting and haven't given up entirely on the idea of trying it again. Thx, A

teacel · Apr 13, 2003

RE: indepedent contractor drivers have no rights!

Yes! You are right about this being the forum to post your thread. Venting is good, when done in the proper format on a public forum. I know there are many people on this site that can relate to your thread. I disagree about it being a bit late to do anything about what happened to ya, but I’m not an attorney, so I can’t say for sure. It is good to be open to others and give them a fair chance, but you also need to be very careful about the people you decide to team with. There are a whole lot of weirdoes in this world. Personally I would never team with anyone. I would have to know someone for a very, very long time and have to have total trust in that person to be able to sleep in a truck while he or she was driving down the road. So I will agree with you in the statement you made about being way to trusting of people. It may be a good idea for you to check a person’s background before you get in the truck with them. On the home page of this site there is an affiliate link where you can do exactly that (driver’s background checks). If you are willing to do the leg work, there still may be time for you to file charges on the O/Os that did this to you. It may be worth checking into. You would have to contact your local Magistrate and ask what can be done. You may at least get your money back that it cost you to get back home. Did you get the money they owed you for the miles you drove? I also noticed on your profile you are a female. If their action was a reaction to you being female, then NO it isn’t to late to do something, and YES you should do something about it. You said you have your own business. What is it you do?

TheSleeper · May 1, 2003

RE: indepedent contractor drivers have no rights!

I would like to relate something that happened to me. While working for a courier service as an IC the courier had one of the drivers get into an accident while driving one of the company trucks, the driver was able to file for workmans comp and got it. Under Virginia law IC`s fall into a gray area, if you totally are an IC meaning you utilize "NO" company equipment you are an IC, but if you utilize company equipment to perform your duties (Driving) you are not a true IC and can file and must pay for workmans comp. This from the Virginia Labor board. I don`t know if your state is the same but if it is you have rights. You are considered an employee since you utilize equipment owned by the company, but there again it is a gray area. I contacted them becouse after the accident with the other driver the owner cut our commission to pay for the workmans comp, I called the virginia labor board to file a complaint and this is what I was informed.

newthead · May 2, 2003

RE: indepedent contractor drivers have no rights!

Using another CONTRACTOR'S vehicle(as in the case of driving for an expedite owner) is not the same as a "company" vehicle. I believe the only way one could even file a workmans comp. claim in that same situation is if that IC had that kind of insurance. Some courier companies that use IC's here require that each IC carry their OWN workmans comp. ins.

Lureveto · May 7, 2003

RE: indepedent contractor drivers have no rights!

Try this...........

Grab something big and break somebodys leg or maybe their jaw and I bet this crap will stop. Spin your fist off the end of their nose. Where are all the MEN at???? Let somebody screw you out of money, put you on a bus and then get on the inrernet and whine. Stop crying and do what is right.

teacel · May 7, 2003

RE: indepedent contractor drivers have no rights!

Aren’t you the same guy that whined on the forum about all the people in Akron buying vans and taking runs away from you????????????????????????

Must be okay for you to whine, but not okay for anyone else!!!!!!!!!!!!!!!!!

I forgot to add that you sound very professional, You must make someone very proud that you work for them???????????
Don't even say you are an independent, because with a attitude like that I know you don't get any work.