lying owners

lap2 · Dec 11, 2005

Just a FYI about a owner from Bristol,Tn.I was a "newbie"when I became a driver for this owner.He started me and my driving partner at a very low percentage of 57%,we pay fuel,tolls and workers comp.At that time,I did'nt know better.After two months,after we made the unit{class 8 D}over $ 32,000,my partner wanted to go home and I continued to drive solo.The unit was leased on with FedEx CC.At two meetings at my owners home in Bristol,Tn.,we discussed the contest Fecc was running from Sept-Nov.2005.He stated several times-in front of witnesses-that any driver whose truck won one of the $10,000 prizes would receive the same revenue split as they normally received each month-57% in my case.I faithfully tried my best to stay eligible for the contest drawing by maintaining a required 70% acceptance and availability rate.By the end of Novemmber,I had a rate of over 80% and thus qualified for the drawing.
The drawing was made the first week of December and my unit was drawn as a winner.I kept in close contact with my Contract Coordinator and when I found we were winners,I called to congradulate my owner.He promptly informed me I was getting nothing.
I am now with a new owner and plan to take this matter to court and see if the SOB is willing to lie under oath.One owner like this gives all owners a black eye!
I am retired after 25 years in health care and truly enjoy my work in expediting.It's just a shame the owner ranks are tainted by this type of operator.

LDB · Dec 11, 2005

Congratulations on winning. I hope you reach a fair resolution.

Leo Bricker
OOIDA 677319
truck 3034
73's K5LDB
Support the entire Constitution, not just the parts you like.

davekc · Dec 11, 2005

It is this type of person that does give us owners a bad name.

Davekc
owner
21 years

RichM · Dec 11, 2005

I agree the owner could have at least split 50-50 with the drivers who did the work.
But as we all know there are 2 sides to every story.

terryandrene · Dec 11, 2005

Really sorry to read you aren't getting 57% of all the monies earned by the truck while under your control. Depending on the terms of your lease agreement with the owner (You do have a lease with the owner, don't you?) we would hope you have luck in small claims court

huntn1 · Dec 12, 2005

i would be looking for any of his trucks while on the road,and if got the chance would give em a little treat in the tanks.well i take that back cause i would be in jail and he in the hospital.

RichM · Dec 12, 2005

If you have a contract that stated you would get 57% of ALL revenues that the truck earned I think you would have a good case. But a verbal agreement even if there are witnesses would probably not stand up in court,unless as someone mentioned you went up before Judge Judy.

We stress over and over again forget the handshake deal,have it in writing.

highway star · Dec 12, 2005

I have a lawyer friend who says that verbal agreements hold up much better than most people think. Because he showed intent, it would be a binding contract. It would probably vary from state to state. In Michigan, wedding vows are a binding oral contract. Since there were witnesses, I'd at least ask a lawyer in Tennesse.

Tennesseahawk · Dec 12, 2005

True, there are two sides to every story. Assuming lap2 is truthful in his post, here's my take.

Your agreement, verbal or written, was 57% of the truck's gross.

Don't mess with a lawyer, as you'll only lose money. Take him to small claims court. The limit is 15,000 in TN, so all your money is covered. If you can, also sue for court costs. You may not see immediate action, but you could always put a lien on his truck. Imagine his surprise when he tries to sell or trade it in. Also, it's a blemish on his credit report.