My former employer WILL NOT pay me my back wages!!

floydrose_22 · Mar 28, 2005

If there is any good soul on here that can help me, my family and I would be truly greatful. Here`s my problem, Ive been trying for 5 months now to get my former employer to cough up the $5816.00 they owe me, and the ways its lookin....they are gonna get away with it, free and clear. The state of Pa. just doesnt have laws that protect ICs, or so it seems. I went to the magistrate, and they told me I needed to have the $5816.00 UP FRONT, YES UP FRONT, to even have my case heard..(Can you believe that?) Ive filed a complaint w/ The Pa. Dept. of Labor and they dont seem to be the most helpful organization either.
After consulting a few attorneys ( which want $1500.00 - $2000.00 up front To even take the case to common pleas court), They`ve also basically said, Employers whom have ICs as employees, can get away with pretty much anything, because the laws just dont support us IC`s. They also said that, even If I gave them their retainer fees for taking the case to court, even if I won the case, collecting the money would "probably" be a long fought battle. On top of all of this, They even refused to send me my 2004 tax info, (also which by the way, The IRS cant really do anything but give them a $50.00 fine.)This has been an absolute nightmare for me and my family, and has been and almost un-bearable burden to bare knowing that all the driving I did was for free, and they got to keep all the money.( I even went as far as Halifax, Nova Scotia....all for nothing) Is there anyone on here that can point me in the right direction as too what to do or who to contact? Has anyone here ever dealt with deadbeat employers like this? Any help would be sincerely appreciated. Thank you so much for your time.

geo · Mar 28, 2005

RE: My former employer WILL NOT pay me my back wag

give ooida a call and see if they would be able to help ya
it cost 45 dollars to belong as they have gone after some of the big carriers and won
put in landline and will bring up there number and call again and see what they may be able todo
also how about legal aid

Big Al · Mar 28, 2005

RE: My former employer WILL NOT pay me my back wag

Had a similiar situation several years ago in Florida when first starting expediting. Took the owner to small claims court but he settled before the court date. Florida has a law about default of wages and you can sue for triple damages. Check small claims court, be brief and have your documentation. Since you were the driver of record you should have some documentation. Also do a web search with a mega search engine(i.e. dogpile.com) for your states small claims court. At least you won't be out as much if you do it yourself and after observing several attorney's it is my opinion that you're better off. At least you motive isn't "let's settle this fast"!

Tennesseahawk · Mar 28, 2005

RE: My former employer WILL NOT pay me my back wag

While you're trying to get the money from him, see about putting a lien on his house and truck(s). He'll know you mean business when he tries selling his truck or getting a mortgage on his house. It also plays games with his credit rating, I believe. I suggest someone who has a problem getting money from their o/o suddenly have amnesia on the truck's location. If the situation worsens, let him know you parked it in the worst part of Detroit, but a bum told you he'd guard it with his life. (Putting my flame-retardant suit on) :7 This may not be the best advice, or even legal advice. But being someone who's had this happen to them, I have to say the o/o deserves every minute he sweats wondering about his truck. He may fork it over right away.

Messing with someone's income is akin to messing with their family. This guy, and every o/o who does the same, is playing a dangerous game by withholding pay. IMO, they are just as guilty as the CEO who falsely pumps up the stock prices while the employees watch as they lose their jobs and retirement.

larrybadger · Mar 28, 2005

RE: My former employer WILL NOT pay me my back wag

Floyd,
A message has been sent to your private inbox.

Larry Badger
Plainwell, Michigan
Future expediting company driver
Stay-at-home Dad, 2000-
25 years self-employed in landscaping business

floydrose_22 · Mar 28, 2005

RE: My former employer WILL NOT pay me my back wag

>While you're trying to get the money from him, see about
>putting a lien on his house and truck(s). He'll know you
>mean business when he tries selling his truck or getting a
>mortgage on his house. It also plays games with his credit
>rating, I believe. I suggest someone who has a problem
>getting money from their o/o suddenly have amnesia on the
>truck's location. If the situation worsens, let him know you
>parked it in the worst part of Detroit, but a bum told you
>he'd guard it with his life. (Putting my flame-retardant
>suit on) :7 This may not be the best advice, or even legal
>advice. But being someone who's had this happen to them, I
>have to say the o/o deserves every minute he sweats
>wondering about his truck. He may fork it over right away.
>
>Messing with someone's income is akin to messing with their
>family. This guy, and every o/o who does the same, is
>playing a dangerous game by withholding pay. IMO, they are
>just as guilty as the CEO who falsely pumps up the stock
>prices while the employees watch as they lose their jobs and
>retirement.
Actually, they have no credit, but they do live like kings. Also, I drove my own van and not there trucks. ( I was an IC)They didnt even own there own trucks, they rented them.

LDB · Mar 28, 2005

RE: My former employer WILL NOT pay me my back wag

Sounds like a midnight job for Guido and Luigi. Good luck to you.

Leo
truck 4958

Support the entire Constitution, not just the parts you like.

Crazynuff · Mar 29, 2005

RE: My former employer WILL NOT pay me my back wag

The best advice was to join the ooida (ooida.com). Membership is $40 but if you request a reduced membership of $25 they are offering for MATS you may get it .

barney · Mar 29, 2005

RE: My former employer WILL NOT pay me my back wag

Please let me know if you get satisfaction. I am having the same problem. Does anybody have Guido and Luigi's e-mail address?}>

pitchman · Mar 29, 2005

RE: My former employer WILL NOT pay me my back wag

>If there is any good soul on here that can help me, my
>family and I would be truly greatful. Here`s my problem, Ive
>been trying for 5 months now to get my former employer to
>cough up the $5816.00 they owe me, and the ways its
>lookin....they are gonna get away with it, free and clear.
>The state of Pa. just doesnt have laws that protect ICs, or
>so it seems. I went to the magistrate, and they told me I
>needed to have the $5816.00 UP FRONT, YES UP FRONT, to even
>have my case heard..(Can you believe that?) Ive filed a
>complaint w/ The Pa. Dept. of Labor and they dont seem to be
>the most helpful organization either.
>After consulting a few attorneys ( which want $1500.00 -
>$2000.00 up front To even take the case to common pleas
>court), They`ve also basically said, Employers whom have ICs
>as employees, can get away with pretty much anything,
>because the laws just dont support us IC`s. They also said
>that, even If I gave them their retainer fees for taking the
>case to court, even if I won the case, collecting the money
>would "probably" be a long fought battle. On top of all of
>this, They even refused to send me my 2004 tax info, (also
>which by the way, The IRS cant really do anything but give
>them a $50.00 fine.)This has been an absolute nightmare for
>me and my family, and has been and almost un-bearable burden
>to bare knowing that all the driving I did was for free, and
>they got to keep all the money.( I even went as far as
>Halifax, Nova Scotia....all for nothing) Is there anyone on
>here that can point me in the right direction as too what to
>do or who to contact? Has anyone here ever dealt with
>deadbeat employers like this? Any help would be sincerely
>appreciated. Thank you so much for your time.

dukesadog · Mar 29, 2005

RE: My former employer WILL NOT pay me my back wag

Hi,

Several years ago, I had a similar problem with a company that claimed I made more money than I really did make...lied on the 1099 and then decided not to pay me etc

This company was a Household goods ( van line) in Florida that is now long since out of business and the owner was Federally Indicted and I think still in jail.

Basically I was owed something in the range of 4,000 ish and it was fruitless to gain access to any type of legal avenue. There is basically no recourse of action to do anything but what I did do was I contacted the Tampa Florida divisional office of the US Department of Labor.

What happened after that was very interesting...basically when you are driving they have a formula for calculating your hours worked from your logs and your word to find out if you are making minimum wage , plus if any overtime rules apply

The Resulting investigation of the company files resulted in like 25 federal counts of fraud and racketeering charges, I had to go to court and testify but I did get my 4,000 dollars the company itself was fined over 17 million dollars, Their employees had to be paid overtime for all hours they worked...some of them were there for 10 years and were cheated out of that.

Basically what I'm trying to say is that you can get these bad companies in just tons of trouble by contacting the Labor department...it might not be the exact problem that you are having but they may dig up other issues while doing the investigation that leads you back to the money you lost. That investigation and the paperwork they give you can then be used to settle up with the IRS if you are having trouble with a Fraudulent 1099 form.

By the way...Trucking companies will literally quake in their boots when they see those white cars with the US Dept of labor seal on the doors...you can try to Contact Rita Treiber at the Tampa Office...I dont know if she still works there or is retired..but she was part of that special division that went after trucking companies.

Dukesadog
Neptune Beach Fl

davekc · Mar 29, 2005

RE: My former employer WILL NOT pay me my back wag

There are alot of great ideas listed. Labor dept might be a good place to start in addition to OOIDA. Small claims court in FL I believe is limited to a $5,000 claim. Legal aid and or bar association may be able to help you obtain council at a reasonable cost.
I would pursue this as it is rediculous to have these kinds of people in the trucking business.
Let us know how it goes.
Davekc

Fkatz · Mar 29, 2005

RE: My former employer WILL NOT pay me my back wag

Hi Floydrose_22

I have had a similiar problem with a O/O of a Cleint of mine,

Please e-mail me at [[email protected]]to find out if it is the same owner, I will not mention names here. but he was also from PA
if you think you got stuck for only a little over 5 grand this person for a lot more

Frank