question
- Thread starter evilqueen
- Start date
Humble2drive
Expert Expediter
Ask him?
Seriously, I have seen this situations escalate needlessly due to a lack of communication between the driver and owner.
The first step on your part is to keep accurate documentation of all monies due per your contract during the time in questions.
The next step of course is to contact the owner and calmly explain what is due to you and then have some type of meeting of the minds as to when and how you will receive that money.
If this is unproductive and a "meeting of the minds" is not reached then you would need to put your information together in a well laid out written request that could be used as proof of notification in court at a later date if necessary.
Keep in mind that your contract is between you (the driver) and the owner exclusively with absolutely no responsibility falling on your Carrier to mediate or intervene. That being said, it certainly doesn't hurt to notify the Carrier of this situation, but only after you have made all reasonable attempts to works this out through the steps above.
There are many ways to handle these types of situations. This is just my suggestion after seeing situations were if things were simply communicated calmly and clearly it could have been resoved.
Your final avenue would be to sue the owner in small claims court.
Good luck
Too many questions on the premise you only drove for two weeks. What does your contract say? (Assuming you had one).
What do you still owe the owner of the truck?
Many contracts have provisions in them on notification,truck return location, drug tests and physical tests etc.
You may or may not have made enough to cover those costs if you carry the liability for them.
Never ASSUME something.
Bottom line,
No one can answer your question without knowing what you signed or didn't.
And back to the original question. Why only two weeks?
What do you still owe the owner of the truck?
Many contracts have provisions in them on notification,truck return location, drug tests and physical tests etc.
You may or may not have made enough to cover those costs if you carry the liability for them.
Never ASSUME something.
Bottom line,
No one can answer your question without knowing what you signed or didn't.
And back to the original question. Why only two weeks?
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Legal well take em to court but most likely U will spend more doing that then what u collect. That the legal way.
Ya call just to be hung up on. That don't work either.
Herd the words Professional Renters where they come and live in a place don't pay crap then run out before the pay and quit is issued.
Landlords don't end up getting there money.
The same goes in this business as well with OOPs and then It goes flip as well for the Drivers that Steal the money or sell the fuel and Equipment. ect.
None of its right and two wrongs don't make a right.
In simple terms its like this. If you owe somebody money then do the right thing and pay them.
That way you can sleep well at night. If you got a conscience.
But then again there are those Drivers & OOPS alike that don't got a Conscience.
Pity the fool that Takes the food outta my family's mouth.
So do the Right thing not the wrong thing.
Ya call just to be hung up on. That don't work either.
Herd the words Professional Renters where they come and live in a place don't pay crap then run out before the pay and quit is issued.
Landlords don't end up getting there money.
The same goes in this business as well with OOPs and then It goes flip as well for the Drivers that Steal the money or sell the fuel and Equipment. ect.
None of its right and two wrongs don't make a right.
In simple terms its like this. If you owe somebody money then do the right thing and pay them.
That way you can sleep well at night. If you got a conscience.
But then again there are those Drivers & OOPS alike that don't got a Conscience.
Pity the fool that Takes the food outta my family's mouth.
So do the Right thing not the wrong thing.
Slo-Ride
Veteran Expediter
Was kinda waiting to see if you repleyed back to your own Q.
Or if ya followed Humble's advise and asking for whats owed to you..
Heres a few links,,one page should kinda answer some of your Q.
United States Department of Labor: Frequently Asked Questions
NLRB :: National Labor Relations Board
I believe your references are for an employee. Most drivers are independent contractors. Have to go a little different path.
susie q 52
Seasoned Expediter
When I had the problem I filed with the Wage & Hour Labor board of my state. It was free but it did take awhile. I had all my documentation from copies of logs, load sheets signed and every possible paper I did in the time I worked. I won! Granted it took a year but all it cost was ink copying my paperwork to send them a copy.
Slo-Ride
Veteran Expediter
Q states that she worked for,,,,that leaves a big assumption that the person was an employee. But you could be right I am not sure how it may work for a self-employed person. Worth checking into.
There are links on one of those pages that will lead em to their state Dept's to file claims also.
As Susie stated using these Dept's will take time,,but if they take the case it is a fair indication that you may have a good case against the person or company you are filing against.
gsmacker
Seasoned Expediter
If you dont have a contract you might as well call it a loss if the owner is refusing to pay you. I was in a similar situation this past April and was shorted my last two weeks. Now I'm back at expediting for a new owner and I can't stress how important it is to have a contract that both parties agree 100% upon. Listen to the "elders" as they prolly agree.
ps. if the owner who did this to me is reading this (you drive a d unit for fdxcc and are from the brighton,mi area) I still remember what your truck # is and what it and you look like also I am back drivin again. Its only a matter of where and when, have a nice day. if anyone thinks they drive for this jerk pm me with a truck # and I will let ya know if its the same guy
ps. if the owner who did this to me is reading this (you drive a d unit for fdxcc and are from the brighton,mi area) I still remember what your truck # is and what it and you look like also I am back drivin again. Its only a matter of where and when, have a nice day. if anyone thinks they drive for this jerk pm me with a truck # and I will let ya know if its the same guy
susie q 52
Seasoned Expediter
I live in Mich. and did not have a contract with the guy only all the paperwork that showed I worked for him. We were signed on to fed ex and don't even think they will help it's between you and him. Good Luck!!!!
Then he is listing you as a independent contractor. It would be a rarity to see a actual employee running for a contractor. There was one several years ago here on EO but I believe that guy went out of business.
No contract, you are pretty much out. Best bet is maybe try small claims court, but even that would be a tough one.
Humble2drive
Expert Expediter
GREAT JOB!
Good example of how keeping good records can prove an implied contract.
BTW- Evilqueen showed his/her true intent in a follow-up thread that was removed from the forum. Didn't seem to want to follow any reasonable advice.
Jefferson3000
Expert Expediter
That is, if they actually have a case. Court is only good if you have a case. If they only drove for two weeks, it sounds like there are greater issues. If they spent $1400, but they ditched the truck 800 miles from the owner, then you most likely have no case. People generally profess no contract when (a), they failed to sign or draw up one, or (b), they have one, but are in clear violation of it. Suddenly, no contract is available for review by the forum.
Very true. Could work the other way in that she takes him to court and he can counter sue for all kinds of things. Even more so if there is no contract. If his truck sat after they left, he could sue for damages there all the way to abandonment. All kinds of things really come to mind. Having a signed contract is the way to go to avoid all this mess.
Jefferson3000
Expert Expediter
Yeah. I sure wouldn't stir a legal hornet's nest unless I knew without a doubt my case would stand. Better make sure an attorney is willing to stand with you through it all before you begin. It might come back to bite them in the rear.
greg334
Veteran Expediter
So you advocating getting a lawyer before you start this business?