Truck driver concerns

[Traci2632]

My husband is suppose to be an independent contractor. His boss is always changing the rules. When he started there she held back 3 weeks pay. At any time she can fire him and keep all back pay, is this legal? Can you be fired from a job if you can't make a run do to medical reasons? (He drives truck) If he refuses to do a run do to the weather? He drives to Chicago every night. We don't want to loose 3 weeks pay.

 

[buddy2bear]

As a CDL driver, your husband falls under the Department of Transportation rules (National Transportation Act). Unfortunately, regular wage & hour laws do not apply to him. Also very unfortunately, truck driver laws have not been changed since the 1920s. If you husband stops at any truck stops along his routes, tell him to look for a drivers' handbook on DOT rules and regulations. They are pocket sized and a lot of places carry them -- should cost about $2.95, either that, or go to the Department of Transportation website and see if you can order one. It will contain all the safety, DOT regulations, etc. The only other thing he could do is become a TEAMSTER member -- althought they are proving to be disappointing, it's better than nothing!!

 

[djdj]

NO ONE can ever hold back 3 weeks pay and not give it to you when you leave the job.

UNLESS it was an advace on his paycheck

Time for you to get a job and help hubby get a better job.

As long as you live like that, there will always be employers who will rip you off as independent contractors.

GO OUT AND GET A REAL JOB... A REAL FULL TIME JOB WITH BENIFITS.... WITH A REAL COMPANY

OK ?

 

[Traci2632]

MY HUSBAND WORKS 14 HRS A DAY. DRIVING TO CHICAGO AND BACK. WE HAVE TWO SMALL CHILDREN AT HOME. I AM NOT A BON BON SIT ON MY ASS GREASY HAIR HILLBILLY!!! I HAVE HAD 3 MAJOR SURGERYS LATELY, SO BEFORE YOU GO SPOUTING YOUR MOUTH ABOUT ME ASK SOME QUESTIONS FIRST. HIS PAY IS EXCELLENT I JUST WANTED TO KNOW THE LAWS AND NOT SOMEBODYS SMARTASS RESPONSE.

 

[djdj]

Then what are you complaining about.......

Tell him to get another job with a real company who will put him on the payroll as AN EMPLOYEE, not a independant contractor.

And does he have all his time sheets? They cannot hold back any money after he leaves...if they try contact the labor board at the unemployment office, and then you might have to sue him in small claims court for the $$$, and if you have good records you will win.



[Edited by djdj on 01-12-2001 at 09:56 AM]

 

[Traci2632]

This is the first time we have dealt with this. When he hired in she did not tell him everything until he started. For her records he is an independent contractor, but by law he is an employee. Records are in excellent shape I keep them. This has been a learning experience. That small companies can make or change rules as they see fit. You know the saying, if we knew then what we know now he wouldn't of taken the job. Do to the situation at the time, the pay looked good and we needed it. The bull**** though is not worth the pay. But, the pay is better than the jobs available now. So, we just wanted to know the laws so that we have something to stand on.

 

[buddy2bear]

Tracie -- calm down! You have got to take these board with a little grain of salt -- there are a lot of idiots surfing the web!

My hubby is also a truck driver, though not independent - thank God! If the Company withholds payroll taxes, then your husband is an employee. If not, then he is responsible and therefore an independent contractor. As an independent contractor, he can leave the job he is doing at any time and offer his services elsewhere. He could sue for his backpay through small claims court, depending on the amount.

 

[Traci2632]

Buddy2bear men think that just because a woman does not work it's because she is sitting home doing nothing.
I got looking through the paper work and he signed (my husband) a paper that he would give two week notice before quitting or give up all pay.
Don't get me wrong there is alot of good things about him being an independent contractor it will just take me awhile to think of them. He has to be at the truck at certain time, have the truck back at a certain time, have his own back up driver meaning never miss, because his boss has to approve it.
As for the men surfing the net passing judgement on women and there lives, maybe they should take a hard look in the mirror, obviously they have to much free time on there hands to sit and pass judgement on us
No we take care of the taxes. That's the only difference between the two.

 

[djdj]

You have to remember that I have lived in the south and midwest and understand trailer trash and hillbillies...

And they ALWAYS want you to be an independant contractor!

So that is your choice.....you have a garbage employer, who will screw your husband in a moment. thats the way they raise people there.

Not professional at all......thats why I moved back to New York City MUCH better caliper of people.

 

[buddy2bear]

What State are you in? Obviously you and/or your husband are not happy with this particular company he is working for - the hours seem to be extremely excessive (14 per day is more than the required 60 per week). Has he been "requested" to go off-log?

There are a lot of jobs out there for independent owner/operators. It would not hurt for him to look around.

It sounds to me like your husband signed a "dedicated run" contract. I think it would be a good idea for him to see an attorney. Perhaps even have one on a "retainer" to read this stuff in the future -- for you, since your "independent," the attorney could even be tax deductable as a business expense.

When you call an attorney, don't be afraid to "wheel and deal" with his fee quote -- they are businessmen just like you.

 

[Traci2632]

Thank you both for your advice!! Monday he is putting in his two week notice. We are moving back to our home state of Ohio. We are from Indiana, Ft.Wayne to be exact. This state is a real eye opener. Thank you both for helping us to make our decision easier. Trust and honesty we live by, I guess we felt everybody did. Were from small towns originally. Now we live in a city with more strip clubs, churches and liquor stores.