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Well off to court...

themagicoen

Expert Expediter
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My wish of my lawsuit going easily went out the door this morning. I got the response from the lawyer that they denied everything SO now we must stand trial. Hopefully I can get a court date soon and I'll let everyone know when it is so if your in Medina, OH you can see what happens when a owner decides not pay a driver. He has nothing to defend himself with all this is going to do is cost him more money. Where is the respect in this world anymore, all I ask is to be paid for the work I've done and I get screwed. Only 14 years till I can run for President, that'll be the day.
 

themagicoen

Expert Expediter
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Here is where this all started...

Alright, I've been driving for a owner for 5 months as of today. I've only taken off 2.5 weeks in 5 months. As a team, I belived this was good. I told my owner many times that I was planing on taking 2 weeks off on June 28th thru the 12th of July. I orginally planed to worked a MIN of 6 weeks before this time but I had to take on a new team partner and he wanted to be home for Memorial Day, which ended up being a week. So instead of 6 weeks out before, we will have 4 weeks. We had a huge argument last night about this and the owner went on bout how his truck has not been profitable and can't afford to be down for that much time. I offered $1000 payment to cover lost reveune and a written gaureenteen that I will work at least 6 weeks after and if not will face penalties. He repeated with that if the truck isnt back in service after 4-5 days that he doesnt know what he was going to do. I told hime that I needed to know what his plans were and if he would accept my offer or I would be forced to return the truck to him Ohio, as that is the only was I can be certian I can controll the outcome. He called me up today and said if the truck isnt back in service after 4-5 days that he is going to cut my pay by 2%, require quite higher ratings for panther, 2 months min notice on time off and require a min of 10000 miles/3 weeks before time can be taken off. This is belive is an insane request and put in my 30 notice of termination of contract. What would you do in this situation? All i wanted was time off and it got blowen way out of porpotion. Here is what i have Grossed for the owner in 4.5 Months, I havent added the last few weeks.

Total Paid Miles 37908
Total Acutal Miles 38493
Total Unpaid Miles 7050
Avg Surcharge 0.3
Total EM 262.24
Total Canada 692.5
Total DH 524.5
Total Extra 150
Total Mile Pay $46,308.00
Total Surcharge Pay $8,827.00

His cut is 38% of Mile pay and Canada. The truck has been bout 80% team, 20% solo.
Any thoughts? I think this owner is insane telling me this truck hasn't be proitable and that it can't afford to be down for 2 weeks with a garuenteed 6 weeks on after.

Ps Sorry bout spelling - no spell checker!!!
 

chuckwagon

Seasoned Expediter
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First, I believe when ever you get into a knock down drag out verbal fight with your boss, in this case the owner-operator, there is trouble and it really does not matter who is right or wrong.

In this case, if you did give him that notice, I believe he had plenty of time to make arrangements to keep the truck moving while you are on vacation. If you are just telling us you made that notice - then shame on you, he is running a business and deserves such a notice.

Either way - if he is making these kind of demands and requests and giving you threats, then I think you need to spend some time and look for someone else to drive for or even consider buying your own truck if you have the capital.

You the other post on this site about joining a union or the OOIDA, which I just did. It gives you somewhere else to turn to for support and some ##### solid advice.
 

panther_art

Expert Expediter
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Your attorney should have told you that the first time the papers with all the counts on it the defendent always denies everything, I worked as a parlegal in a law firm in Pittsburgh for a long time and I have seen cases go for years just sending paper work back and forth to each other.
This is how the other side tries to get you to drop your case it all comes down to who has the most money to keep going with attorney and court fees.
No law suit is fast and easy.
 

Prarysun

Seasoned Expediter
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themagicoen, well whatever the outcome, I applause you for standing up against an owner who doesn't want to pay. He will have to have some convincing evidence to uphold his decision not to pay you. I am so tired of hearing the stories about owners who literally screw people out of their rightful pay for work done. I am an owner and an operator and would never think of doing that to someone who drove for me. Two months notice for time off seems a bit extreme as well. We cannot plan time off for emergencies, etc. Reasonable notice for an extended vacation of more than a week I am sure is reasonable and appreciated. I hope you win your case and I have personally given drivers advise to do the same when they are not being paid, provided they did nothing wrong or didn't return the truck as stated or left it dirty etc. Good Luck.



















Dianne
 

Tennesseahawk

Veteran Expediter
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Magic... I wish you luck. My case is still in the discovery phase; and I'm guessing it will take up to another year before it goes to court... if it does at all. I wish I could go into details, but I can't jeapordize it if something off here gets misconstrude.

"If I claim to be a wise man, it surely means that I don't know." - Kansas
 

Italiangrl

Expert Expediter
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The Magicoen, I wish you all the luck in the world. You seem like a very dedicated driver to be on the road for that amount of time. Your owner seems very unreasonable and just in it to make a buck for himself. Good luck I'll be watching for the outcome.


Trish
Fleet Owner
 
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