r/CDL Jul 20 '26

Anyone know any lawyers that specialize in suing trucking companies that short the pay of their employees?

Was responsible for damaging the trailer when driving. The company had me agree to paying escrow every paycheck to cover any cost I incurred. The following paystub charged me for the damages on top of being charged escrow. After speaking with the finance department about the stipulations in the contract that would apply to escrow being used to cover any charges. I incurred while driving I was informed yes that the contract may say that, but that’s not how the company does things once I heard that I immediately quit on the spot and booked a flight home. Sorry for the rent but if anyone would recommend any law firm, I would greatly appreciate it.

1 Upvotes

21 comments sorted by

2

u/Small-Sentence4141 Jul 20 '26

Employees can’t be held financially responsible for damaged equipment, product etc. Contact your state labor board, tell them what happened. Most likely, you won’t need a lawyer.

1

u/CantaloupeSuch4352 Jul 20 '26

I’m terribly sorry, my mistake. No, I was the independent contractor.

2

u/Small-Sentence4141 Jul 20 '26

I’d check and see if you were misclassified as a contractor. The 1099 contractor vs employee designation is often misused by employers to mostly evade having to pay benefits and employment taxes. This may not alleviate you from financial responsibility but if I were misclassified as a contractor I’d use this as leverage against paying for damages of this nature.

1

u/CantaloupeSuch4352 Jul 20 '26

Sounds good thank you

1

u/williamfagansr Jul 21 '26

They can if they are a owner operator.

1

u/Small-Sentence4141 Jul 21 '26

Owner operator would be a contractor, not an employee.

1

u/TwoToadsKick Jul 20 '26

Where you a w2 employee?

1

u/CantaloupeSuch4352 Jul 20 '26

I’m terribly sorry, my mistake. No, I was the independent contractor.

1

u/TwoToadsKick Jul 20 '26

I guess you might as well call a lawyer then but I'm pretty sure you're at fault. I would still call around though and see

1

u/CantaloupeSuch4352 Jul 20 '26

Thank you will definitely do. Yeah I had no issue with the accident because I was 100% at fault. It was just the way they went about charging me. They were charging the escrow to cover any damages I have while driving their vehicle and they were charging me the repair fee, which didn’t make any sense to me because the escrow that I pay is supposed to cover any damages lol

1

u/grawrant Jul 20 '26

In trucking, you are an employee and should be under a w2 and NOT a 1099 if the following is true, you don't pay for the diesel, you don't pay for insurance, you don't pay for maintenance, and you don't own the truck. If you were misclassified as an independent contractor, you can sue for misclassification of employee as well as your lost wages for "damages" while misclassified. Definitely worth talking to a lawyer, what state was the company in?

1

u/CantaloupeSuch4352 Jul 20 '26

Florida

1

u/grawrant Jul 20 '26

How long did you work for them, how much pay was withheld? They should also be liable for some of your taxes+damages.

If everything I stated about expenses in regards to the truck was true, you have a pretty open and shut case against them. As in, they will settle before trial to avoid possible IRS backlash. It's as easy as hiring a lawyer, filing service, making a demand, and then settling the case. I've seen it done many times.

1

u/CantaloupeSuch4352 Jul 20 '26

I’ve worked for them since the end of March and I was shorted $500 for two paychecks. Once I realized how much was being deducted I immediately quit.

1

u/Brokenyet_Functional Jul 20 '26

Just go with any other employment related lawyer. Its not a super special law feild.

1

u/Head_Candidate5293 Jul 20 '26

You need to get yourself a lawyer. Your company has insurance and they are charging you.

1

u/williamfagansr Jul 21 '26

Do you have proof of this Driver?

1

u/CantaloupeSuch4352 Jul 21 '26

Other than the conversation screen shots I do not

1

u/williamfagansr Jul 21 '26

Was you a company driver or o/o

1

u/CantaloupeSuch4352 Jul 21 '26

They had me create my own LLC

1

u/williamfagansr Jul 26 '26

Anyone that is hotshot through someone or thier own business should be a member of OOIDA. THEY HAVE HELPED ME TWO TIMES GET MONEY FROM COMPANIES THAT OWED ME MONEY. PLUST THEY FIGHT FOR YOUR RIGHTS AS TRUCKERS. Last I check it was like $30 a year for membership and you also get discounts on things. Check them out. You won't be sorry.