Trucker And Not Getting Paid By My Employer

Topic 19147 | Page 1

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Natasha N.'s Comment
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I am a driver who works the job and gets back after 14 days, my employer does not pay my full amount of pay. I had to leave one employer because it was becoming a habit and they still owe me money for the work I have done. How do I get my money? Is there any law for truckers that are being taken advantage of? Can I do something to make sure my employer pays me on time and the amount that is due?

Old School's Comment
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Natasha, can you give us a little more details?

Do you receive a 1099 at the end of the year, or a W-2?

What is it you're not getting paid for?

Are you working for a well established major carrier?

Most of the problems with not getting paid can easily be resolved by putting yourself into a position with a reputable company.

EPU:

Electric Auxiliary Power Units

Electric APUs have started gaining acceptance. These electric APUs use battery packs instead of the diesel engine on traditional APUs as a source of power. The APU's battery pack is charged when the truck is in motion. When the truck is idle, the stored energy in the battery pack is then used to power an air conditioner, heater, and other devices

Natasha N.'s Comment
member avatar

Working getting 1099. It's not allege company a small one. I will pick up and drop off a load and the employer will not pay me the right amount per mile. They pay half and make up reasons. Is there a way to get my money?

Ryan R.'s Comment
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ChosenOne's Comment
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I am not a fan of 1099, but I just took an employer to small claims court and won almost $5k they refused to pay. This was an IT job, but it was 1099. As a 1099 you should have a copy of the contract you signed, it should outline what you are responsible for, how you are paid, and when you are paid. If they are not paying and cite an exclusion/penalty for payment that is in the contract, they need to document it and give it to you in writing. If you are abiding by the terms of your contract, and they are not paying you and not citing a contract violation, you will most likely prevail in court. There are probably a few Attorney's in your area that will give you a free consultation. Use it, see what they say.

If the amount is under the small claims amount, file a small claims action in court, and have him served. You probably won't get anymore loads from the place, may get your contract terminated, but if I were being shorted I would be looking elsewhere. I am not sure if your circumstances allow you to move to another company easily or not.

Old School's Comment
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I honestly think a simple letter from an attorney familiar with labor law will get you your money. Explain to the attorney that you are driving their truck and that they are paying for the fuel. Those two factors alone mean that you are not a sub contractor, and it is illegal for them to be paying you on a 1099 basis. The simple threat from the attorney that they will be reported to the IRS should get that ball rolling real quickly. At the same time you might as well realize that you are getting fired, but you don't need to be working for those guys. Get a job with a real trucking company that knows how to take care of their drivers.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Errol V.'s Comment
member avatar

O. S. writes (among other things):

It is illegal for them to be paying you on a 1099 basis.

I just wanted to underline this. It is a way for your "boss" to avoid your proper pay. Not only is it illegal, it is very unfair to employees. Just put 1099 in the search box above, and do some research here.

Then tell him what you found. And then ask him for your back pay, now.

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