Help Me Please

[suddenlystup]

I am new to expediting, having very little experience in the trucking industry, I drove otr with a scantless o/o that is refusing to pay me for time on road.. He agreed to pay me 20 % of all loads Verbal agreement, I had problems with him on road, and decided that it was not working for me, He was verbally abusive, to mention just a few things and refused to let me out of his truck when I had took enough of his BS.. I had to trick him to stop truck so that I could get out.. I got out of his truck in Evansville, WY and waited 3 days in a hotel for my Husband to pick me up, My H is a Truck driver as well and was on his way to UT. He had no heat in sleeper and tried using keroscene heater for heat.. carrying keroscene in tool box...anyway now is refusing to pay telling me that he never said 20% that he said 20 cent a mile while I trained, then changed it to 10 % after a arguement with him over my pay... He told me that the money I got last week was enough pay... We did 4 loads, MI to NC, NC to OR, OR to CA, CA to UT.. Last weeks pay was for the NC to OR load, and he owes me for the 3 remaining, but he insists the money I received last week was enough... I need help, I guess you can say I am naive, trust ppl to much and not aware I needed a written contract, How or what do I do to get my pay??

Any help or advise is greatly appreciated
Tys

 

[LDB]

Without a written contract it's a case of he said she said, to use a common phrase. You could try small claims court but it's doubtful you would prevail. I'm afraid this is a case of learning the hard way. Good luck.

 

[Mike99]

Next time

Next time you may write a contract or you buy your own truck...How old are you?

 

[Jefferson3000]

You might use the pay stub from that last check against his pay as proof of your original arrangement. I'm no lawyer though. You would definitely need one to even begin. Small claims in most states have payout limits. I would definitely recommend drawing up some kind of written contract with an O/O next time around.

 

[terryandrene]

This problem is addressed on this forum at least once a quarter and sadly enough, the result are nearly always the same. Without a written contract, the co-driver is left without payment. You said you were being trained, so consider your training in choosing a driver and obtaining a written contract complete. You are fortunate to have only a couple of weeks invested.

It's a little late at this point, but if you had called the police the moment you had a chance to get out of the truck, you might have been able to convince them that he held you against your will. I suspect that, like Leo said, your "He said She said" statements weaken with age and would not likely lead anywhere now.

We surely wish you better luck with a written contract in the future and that this learning episode doesn't keep you away from a driving career, if that is your desire.

 

[greg334]

Walk away.

Forget it and walk away.

You will never get a dime unless you get a lawyer who will work for you for nothing and wait for months chasing the money.

If you want to pursue this, I think that you would have to prove that you were driving so here are a couple questions to ask yourself;

Where are your logs?

Who is the company that you drove for?

Why? They can't just dump the records that you were driving the truck, so if you need proof of driving to take to court, there is proof.

Also As everyone say, always - ALWAYS have a contract. I mean that if the owner does not have a contract - walk. No deal is worth it without the contract. It is too easy to become an owner and screw people over, so the contract is there to protect everyone involved.

 

[suddenlystup]

Hi I am 41 yrs young...tys

 

[fastman_1]

Well you learned a Valuable Lesson here,If it not in Writing then your gonna get Hosed,If you have the time to Pursue it get Legal help at the Very least you will make Their Life Misable for a time.

 

[suddenlystup]

I keep trying to post this and nothing goes thru, so last time .... I am considering not driving anymore... THis will be my last attempt... When I finished school I went with a large company... Werner, And they require you to be on road with trainer for 8 weeks.. The first they gave me was someone I would not be comfortable around.. which was a female that like women as well as I do my husband.. and she was very open about her sexual preference's which made me too uncomfortable... I don't have problem with gays, or lesbians as long as it doesn't affect me, and this did to much... Hell I wanted to be able to sleep with both eyes shut not open... The second was a male... Pig more like it.. His truck was digusting, urine bottles and garbage over took the truck.. Bathing was something I think he did once a great well, because he SMELLED like rotten flesh... OMG makes me wanna hurl just thinking about it, and finally the kicker when he came to terminal to pick me up, first words out of his mouth.. Don't worry I won't molest you... OH hell I was out of that truck faster than getting in it... and Werner they stuck me in a motel room for days waiting for another trainer I suspect because I complained about piglet and wrote out a lengthy statement... I finally said forget it Im going home, then I found expediting,, Tristate and decided to give it another try... And you see where I am now.. I am starting to believe this isn't for me... I thrive on respecting others and as of now have basically gotten none...I just don't know how other women have managed to stay in this career... I love driving don't get me wrong... but at what price do I pay for my desire to drive? I do appreciate all the advice.... Thank You all..

 

[arrbsthw]

I wouldn't give up yet, you just haven't found the right setup.
Maybe you could check the drivers wanted section on here. Maybe
find someone compatible to drive with. I have seen some ads looking
for a female co driver.

 

[RichM]

I wouldn't give up . What you need is a female mentor for a while. There are several females that post up on EO that would be happy to give you advice. Try getting in touch with Cherri,Linda Caffey or Diesel Diva just to name a few. These are exprienced women who would be happy to advise and work with you.

 

[cargojock]

I just sent you a PM. Might be able to help you out! I agree with everyone else - don't give up. There are plenty of GOOD owners, co-drivers, mentors, etc. out there who can help you get off to a better start in this business.

 

[buckeyewildman]

i agree don,t give up there are plenty of good people out there

 

[arkjarhead]

You said your husband was a driver, have you all thought of teaming in a straight truck? With no more t/t experience than you have I see very few companies letting you on there, but I believe quite a few would let you in a straight truck if your husband was there with experience in driving to train you. Just a thought.

 

[suddenlystup]

ark My husband wouldn't drive a straight truck... We did try to get his company to hire me with him training but because of insurance purpose's they couldn't... I have been trying to convince him to consider driving a straight truck, but he is thick headed at times..lol.. But thanks for trying..Im crossing my fingers of changing his mind ...

 

[tec1959]

Hi i agree with everyone don't give up there are some great ladies that would love to help you...Rich M gave you a few to talk to...Hope this helps and don't give up your dream YET...

 

[georges]

in order to claim you as an ind contractor and not pay taxes out of your checks or pay disability ins or unemployment ins he needed a contract stating that you were an independant contractor and give you control over the method in which the job was carried out so you might want to try and file with the state labor department on that fact also portable kerosene heaters in the sleeper is actually illegal
393.77is the law about the heaters in trucks and whatever state you reside in will have laws about when he has to pay you by and what he can withhold from your check