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Can I be charged for a load that I did not agree to pick up?

Discussion in 'Ask An Owner Operator' started by tamaadams72, Jun 13, 2023.

Page 1 of 5
  1. Jun 13, 2023 #1
    tamaadams72

    tamaadams72 Bobtail Member

    6
    22
    Jun 13, 2023
    0
    I am a driver technically they call me an independent contractor because I get a 1099 even though I drive their equipment. The company has a policy of lost loads due to driver negligence. They will charge you the price of the load if you lose the load prior to pick up.
    I received a load today and within 2 minutes of them sending me the information I told them I could not pick up that load. I didn't even know the load existed until they sent me the information. I was told that it's considered driver's negligence if I do not pick up the load and I will be charged the amount that it cost for this load that the company would have made. That's almost like the forced dispatched batch.. am I right?
    Can someone charge me for a load costing anywhere from $4,000 to $6,000 when I didn't even know the load existed and when I found out it existed I told them in writing I could not make this load.
    Is this legal? Is this considered driver's negligence?
    I am currently down to 1 hour left on my 70 hour clock. I told them 4 days ago that I was going to run out of time on this day. I also told them that I was going to need a 34.
    Any advice would be truly appreciated. Because I'm not going to pick up this load.
     
    tamaadams72, Jun 13, 2023
    tamaadams72, Jun 13, 2023
    #1
    Magoo1968 and Another Canadian driver Thank this.
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  3. Jun 13, 2023 #2
    Ridgeline

    Ridgeline Road Train Member

    22,103
    113,210
    Dec 18, 2011
    Michigan
    0
    WHAT does you CONTRACT SAY?
     
    Ridgeline, Jun 13, 2023
    Ridgeline, Jun 13, 2023
    #2
    wis bang, 12 ga, Siinman and 5 others Thank this.
  4. Jun 13, 2023 #3
    Opus

    Opus Road Train Member

    18,751
    114,729
    Dec 18, 2011
    South GA
    0
    run away now
     
    Opus, Jun 13, 2023
    Opus, Jun 13, 2023
    #3
    PaulMinternational, fordconvert, Magoo1968 and 4 others Thank this.
  5. Jun 13, 2023 #4
    dwells40

    dwells40 Light Load Member

    217
    1,408
    Oct 15, 2017
    0
    They are bending You over!
     
    dwells40, Jun 13, 2023
    dwells40, Jun 13, 2023
    #4
    PaulMinternational, Siinman, nikmirbre and 2 others Thank this.
  7. Jun 13, 2023 #5
    LOTSO

    LOTSO Heavy Load Member

    726
    1,737
    Mar 28, 2023
    0
    It's amazing what people will do to not be called an employee. But when something happens, boy do they want all the protections built into being one.
     
    LOTSO, Jun 13, 2023
    LOTSO, Jun 13, 2023
    #5
    RockinChair, Crude Truckin', Magoo1968 and 10 others Thank this.
  8. Jun 13, 2023 #6
    Constant Learner

    Constant Learner Medium Load Member

    649
    980
    Jul 19, 2011
    The Moon
    0
    Would you share the name of the company?
    I don't know if it's legal, but this definitely is not a driver negligence and I would fight them any way I can. They actually are trying to steal your money, so you need to separate your ways with them ASAP. As soon as you found out about this BS, you had to run fast away.
     
    Constant Learner, Jun 13, 2023
    Constant Learner, Jun 13, 2023
    #6
    ZippyD, PaulMinternational, fordconvert and 4 others Thank this.
  9. Jun 13, 2023 #7
    ZVar

    ZVar Road Train Member

    10,911
    23,825
    Sep 10, 2010
    Flint, MI
    0
    You willingly work for a company that pays you illegally, and you are surprised they do other illegal stuff?
    You, and other like you, are the problem as much as these crappy 1099 jobs. After all, if you didn't work for them they would go out of business.
     
    ZVar, Jun 13, 2023
    ZVar, Jun 13, 2023
    #7
    RockinChair, tarheelsfan105, Crude Truckin' and 11 others Thank this.
  10. Jun 13, 2023 #8
    PPNLE

    PPNLE Road Train Member

    1,924
    6,125
    Jun 15, 2017
    St. Paul, MN
    0
    Everything starts with and ends with this. Lordy.
     
    PPNLE, Jun 13, 2023
    PPNLE, Jun 13, 2023
    #8
    Crude Truckin', wis bang, Siinman and 4 others Thank this.
  11. Jun 13, 2023 #9
    TruckerPete1990

    TruckerPete1990 Road Train Member

    8,623
    5,376
    Jul 16, 2012
    Bentonville Arkansas
    0
    if you are driving there equipment why are you working as 1099... stop working as 1099 if you don't own the dang equipment. Far as legal who knows a lawyer would have to get involved.
     
    TruckerPete1990, Jun 13, 2023
    TruckerPete1990, Jun 13, 2023
    #9
    Siinman, tamaadams72, dwells40 and 1 other person Thank this.
  12. Jun 13, 2023 #10
    Ffx95

    Ffx95 Road Train Member

    1,368
    2,627
    May 18, 2017
    0
    You NEED to leave that company right away but be sure to return the truck to the terminal. Don’t tell them you’re quitting, tell them you had a serious incident in the family and you won’t be able to work for about a month so you need to drop the truck at their yard. Then 2 weeks later tell them you have to leave the company lie to them and say it’s because of the family incident. That’s one of the companies that run illegal, ruin records and careers. If you cannot take the equipment to another company to work it’s not yours. Even if you are apparently leasing. If it’s not yours then you are not a contractor you are an employee so you’re supposed to be W-2 not 1099.
     
    Ffx95, Jun 13, 2023
    Ffx95, Jun 13, 2023
    #10
    PaulMinternational, Crude Truckin', dwells40 and 2 others Thank this.
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