Pay problems

[rmdiesel]

Hi everyone,

Had my first experience in expediting by working for an owner who had tractors leased to Pantherii. Five weeks after I started rollin
no paycheck, talked to owner of trk, he said check was mailed to hse,
when I went home, no check. So I cleaned out my trk, no pay put hardship on me and my family, so the owner paid for my trip home.

I logged 9880 miles, @.40 a mile, and wasn't paid a dime. Another driver for this owner started with him the same time I did, she was paid 2 or 3 times, he accused her of stealing money off the comdata card, so now she is out of her trk.

There is more to the story, but space is limited, what can we do to get this owner to pay us what he owes us?
He never had me file a W-4 with him all the time I worked for him.

I pay child support, by court ordered employer wage garnishment, so my case worker sent this owner a letter concerning the garnisment.

From the looks of things, even if we file with the small claims in GA
it could be months, or even several yrs b-4 we would get any money, if we get any at all.:-(

 

[redytrk]

I would run this by OOIDA. I understand they are helpfull even to non members.

A membeship is only $45 year and well worth it.

http://www.ooida.com/

 

[SThomas1]

from past experience unless things have changed in the past 3 years theres not alot you can do. department of labor cant help being that you are considered self-employed. had the same problem with an owner in the past. was asked if i could hold on till next week for my check being that the current check was small (around $350) said ok but also said i was not going for this anymore, besides was out on the road anyway. couldnt cash it if i wanted to. nextweek comes around and only got partial check. then the owner started saying stuff like i was turning down loads and that i was not staying out long enough. BS!never turned down a single load. and was out nearly 3 weeks. here some advice for you new guys. in your contract with the owner (if you have one) make sure it is a typed out contract. not sumpt'n out of a notebook that was handwritten an hour before you pick the vehicle up. GET A COPY OF THE CONTRACT! my owner said they would send me a copy of the contract with my 1st check. what do yea know? i never seen my copy. after being nice enough to return the van (almost 400 miles) i was told they would send my final settlement to me? we are looking at nearly $900 now. never got it. called the owner they said there was damage to the van? BS! only damage to the van was a broken clip holding the sunvisor up and it was broke before i got in the van. so i concieded the fact i broke the clip (i didnt), still its not worth $900. in my defense i called the expediting company. explanied to them that me leaving was not because i didnt like it, and that i didnt want it reflecting on what sort of driver i was. conway now let me know that it was ok that they appreciated my call and that they have noticed the owner has been having a hard time keeping a driver in the van. go figure. only way i could get my money was to hire a lawyer in the owners state like i said 400 miles away and let it go from there. i do believe that 99 out of 100 owners you will never have a problem with. why would they not treat you right. if the wheels arent turn'n, they arent mak'n money. but be careful of that 1 in 100. they'll screw yea every time. drive safe.
sam

 

[rmdiesel]

I ran it by OOIDA last week, and since I wasn't a member, they couldn't put it into collection themselves, but refered me to the Labor board in GA. Which the labor board suggested filing a small claims, because they only handle up to $5.35hr.

Since I didn't have a W-4 filed with him, I wonder if he will file a
1099r with the IRS at tax time for the amount he didn't really pay me
and if he does, how will I prove to the IRS, I wasn't paid?

 

[dukesadog]

US department of labor can help if you can show you made less than minimum wage/hr.. through hours worked on your logs if you have copies..if he didnt get any money out of it at all they will look into it unless he took advances on his comdata card adding up to minimum wage.


There is a special USDL division that deals with trucking companies out of Florida (The Tampa office).

dukesadog

 

[mvbn1]

I guess my question would be, is why Panther isn't stepping in and stopping this owner from screwing anyone else. I heard about another owner, signed on with Panther, who was doing the same thing to cargo van drivers. It seems to me that they (Panther), and any other company, wouldn't want any "bad press" from owners who are signed on with them.

 

[rmdiesel]

I sought to get a copy of the contract, he is now avoiding my calls.

 

[rmdiesel]

Panther has taken a hands off with this and any other driver
owner pay problems.

 

[rmdiesel]

When I did the math, for the hrs I worked, I was way above the so
living wage, so the dept of labor is unable to help me.

 

[dukesadog]

I would report the owner to the SID division of the IRS as well as what I talked about earlier, It used to be that if you didnt get paid at all for a run it was 15% of whatever the face value of the check was per day for each day past the pay period ending was.

As far as what you are owed as per USDL laws. I just had this happen to me and I just waited a few months and filed the complaint.

dukesadog

 

[davekc]

guess my question would be, is why Panther isn't stepping in and stopping this owner from screwing anyone else. I heard about another owner, signed on with Panther, who was doing the same thing to cargo van drivers. It seems to me that they (Panther), and any other company, wouldn't want any "bad press" from owners who are signed on with them.

This isn't a place for a carrier to get involved. If so, they would need a seperate legal dept.

Labor board is worthless based on your dollar amounts.
Small claims is your best bet.
Having logs and documentation of work performed should net you positive results.

For the new, this is why you need contracts. And as mentioned, be given a copy.
With regards to the vehicle, you and the owners should both have photographs when the vehicle was picked up.
I use a third party to determine if any damages are warranted when a truck is returned.
In 20 years I have had to use it twice.
Also mentioned was OOIDA.
Become a member and let them guide you through the process of recovery.
Good luck

Davekc
owner
20 years

 

[LDB]

Sounds like a job for Guido and Luigi. Maybe then he'll get his act together and take care of business the right way.

Leo
truck 4958

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

 

[davekc]

I would report the owner to the SID division of the IRS as well as what I talked about earlier, It used to be that if you didnt get paid at all for a run it was 15% of whatever the face value of the check was per day for each day past the pay period ending was

The issue then would be if the owner had a claim or future claim against the driver.

IRS wouldn't get involved unless he fails to report his earnings.
Unless of course, the driver feels he was an employee instead of a independent contractor. That puts you down a different legal road.

IRS will get involved if he fails to report the income or fails to generate a 1099. The owner has until Jan.30, 2006 to address a concern like this from 2005.

I am not a tax expert but this would be my thoughts.
Again, OOIDA would be a great place to start with general information.

Davekc
owner
20 years

 

[rmdiesel]

What I think he will do is, list me as a sub contractor when he files with the IRS, because he does not have a W-4 on file, usless he filed one with my signature forged. I have a copy of the contract on my computer, I also have the employee packet he sent me 4 wks after I started with him, no reference to me being an contractor, and I am not listed that way with Panther.

If I were leased directly to Panther, this would not have happened, I just happened to go to work for a bad owner.

 

[Crazynuff]

It won't help with your pay problems but I'd report this owner to the DOT and say he isn't doing proper background checks , keeping proper records , etc . Payback can be sweet .

 

[ConfusedMuse]

I also drove for Panther11, and like MrDiesel, I also ran into problems with the owner I drove for. To make a long story short, I unwillingly ate my last cheque due to the facts that according to the legal represention I sought out I would have to file in small claims court in every state that I ran. The IRS is aware that the owner shafted me several thousands, they sent me a corrected 1099, and have put the owners on a red flag alert. I have since noticed that their address has changed, he has several ads in the driver wanted cargo van area, still can't hide from the IRS.
Learning is a never ending process.

 

[rmdiesel]

Thanks for the info about the options with the IRS, like I said before, I think he will try to file what he owes me with the IRS on a 1099, so I end up paying taxes on income I didn't receive.

I think his plan is to get all the money, and have me pay all the taxes.

 

[rmdiesel]

Thanks for that info.

This may be a dumb question, but do I file with the DOT in GA, or can I file with the one in my home state?

 

[Crazynuff]

Check with the Feds . www.fmcsa.dot.gov .See if you think the owner folowed all the regulations . Did you turn in your logs to the owner or PII ? Did he ask you to sign forms so he could verify your employment for the last ten years ? If you feel he should be audited for improper record keeping report him .

 

[rmdiesel]

All my logs went to Panther, but I'm sure he got copies of them.

The only paper work I made out was for Panther's records, he sent me a packet to fill out 4wks after I started with him, from an employee management firm in MN, but by that time, I had left the company. I was to fill out this packet,which included background checks, w-4, ten yr history, ect, and send it back to him, so he has no employee paper work from me, to be filed by his company, unless he got Panther's copies of the paper work I filled out for them in Orientation.