Any Recourse For Not Getting Paid If 1099

Topic 32576 | Page 1

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Karla C.'s Comment
member avatar

Hello everyone!! So I did this stupid thing and trusted a company. Please try not to beat me up too bad. Started working for Artia/KDM United Trucking 3 weeks ago and have run about 18k miles for them but have only gotten paid once. I am supposed to be paid very Friday per contract. The keeps stringing me along telling me “accounting is figuring things out”. I’m stuck in his truck with no money and no way to get home. Is there anything I can do? Please?

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
George B.'s Comment
member avatar

6,000 miles a week. Are u teaming?

Truckin Along With Kearse's Comment
member avatar

2 years ago she implied she was going to CR England to team with her fiancee.

1099 is something we strongly advise against. Contractual violations are civil matters... Lawsuits. Money. Attorneys. Good luck.

Change companies ASAP. Most are looking for good teams however you did have suspension problems originally and changing companies may bring those back up. How has your record been since CRE?

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Karla C.'s Comment
member avatar

@georgeb

Yes we are teaming

Karla C.'s Comment
member avatar

Hi thank you for your response- no no problems we were just trying to venture out to get a glimpse into OO and since the company was offering to pay revenue we thought it might be a good way to learn without taking 100% risk.

Guess we learned alright. Our record is excellent we’ve been driving for almost 2 years now.

Just made a huge mistake clearly. I find it extremely difficult to believe that there aren’t any protections in place for something like this.

Clearly I cannot contact an attorney as we have no money, but thanks

2 years ago she implied she was going to CR England to team with her fiancee.

1099 is something we strongly advise against. Contractual violations are civil matters... Lawsuits. Money. Attorneys. Good luck.

Change companies ASAP. Most are looking for good teams however you did have suspension problems originally and changing companies may bring those back up. How has your record been since CRE?

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Karla C.'s Comment
member avatar

And yes we have already been hired by a company (reputable one) but again having a problem getting back home before starting orientation with new company. Because we haven’t been paid.

Can’t just drive this truck home and abandon it, because that will go against us. So I’m trying my best to figure out how to Legally get Out of this situation

2 years ago she implied she was going to CR England to team with her fiancee.

1099 is something we strongly advise against. Contractual violations are civil matters... Lawsuits. Money. Attorneys. Good luck.

Change companies ASAP. Most are looking for good teams however you did have suspension problems originally and changing companies may bring those back up. How has your record been since CRE?

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

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

Ryan B.'s Comment
member avatar

And yes we have already been hired by a company (reputable one) but again having a problem getting back home before starting orientation with new company. Because we haven’t been paid.

Can’t just drive this truck home and abandon it, because that will go against us. So I’m trying my best to figure out how to Legally get Out of this situation

double-quotes-start.png

2 years ago she implied she was going to CR England to team with her fiancee.

1099 is something we strongly advise against. Contractual violations are civil matters... Lawsuits. Money. Attorneys. Good luck.

Change companies ASAP. Most are looking for good teams however you did have suspension problems originally and changing companies may bring those back up. How has your record been since CRE?

double-quotes-end.png

Have someone you trust meet you at a truck stop. Unload everything that can't be carried in your arms in one trip. Drive back to the location of this company, wherever they park their trucks, and park the truck. Get the remaining belongings of yours off the truck. Hand over the keys to the truck and keep photos of the truck parked on their property. Have transportation from their property to wherever you want to go arranged. They are not paying you, so they have already breached any contract that may have been signed, as part of a lease agreement. Walk away and deal with it from outside that company's control. It's not an abandonment issue, if you return the truck to their property and hand over the keys.

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

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

Truckin Along With Kearse's Comment
member avatar

Ryan wrongly said

"if you return the truck to their property and hand over the keys.

Truth:

You must return the truck to their property of their choosing. Example.... If Prime tells you to take the truck to MO, but you drop it at the terminal in PA.. it can still be an abandonment on your DAC. Why? Because they process trucks out of the MO terminal and assign them/sell them there. Any truck turned in at a different terminal then needs to be transported back to MO. Meaning they have to pay a driver to get it and may be paying for rental cars or hotels for that driver also.

Return the truck to the exact property which you were told, not any property they own.

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

PackRat's Comment
member avatar

For anyone just reading along for general information, this is yet another example of why we strongly advise to avoid two options: One is leasing, and the second is any 1099 company. The driver ends up with all the risk and little to show for it if things go sideways. It happens often, and when it does, it seldom ends well for the driver.

This was an expensive lesson that could have been avoided easily with a few questions posted on this site before jumping into the abyss.

Karla C.'s Comment
member avatar

She is correct! And we are returning the truck to their exact location specified.

Ryan wrongly said

double-quotes-start.png

"if you return the truck to their property and hand over the keys.

double-quotes-end.png

Truth:

You must return the truck to their property of their choosing. Example.... If Prime tells you to take the truck to MO, but you drop it at the terminal in PA.. it can still be an abandonment on your DAC. Why? Because they process trucks out of the MO terminal and assign them/sell them there. Any truck turned in at a different terminal then needs to be transported back to MO. Meaning they have to pay a driver to get it and may be paying for rental cars or hotels for that driver also.

Return the truck to the exact property which you were told, not any property they own.

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

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