Owner-Operator hired a driver and will put him in a company to drive

Discussion in 'Ask An Owner Operator' started by sophiee, Nov 24, 2017.

  1. sophiee

    sophiee Bobtail Member

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    Sep 25, 2016
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    Hello,

    I am an owner-operator and have recently purchased a 2nd truck that I have hired a driver to operate. The driver will work in the same trucking company as I do but I am unsure in terms of contracts how I should proceed.

    The trucking company has their own driver contract that they have asked him to sign but does that mean my driver will be employed by them? Or am I meant to have a contract with my driver and then with the trucking company (sort of like a lease agreement for when an owner-operator places a truck in someones company)?

    I would appreciate any advice as I am still new to this and would like to do things correctly and also make sure that no one takes advantage of my lack of knowledge.

    Thank you.
     
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  3. TequilaSunrise

    TequilaSunrise Medium Load Member

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  4. Sharky88

    Sharky88 Heavy Load Member

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    Sep 25, 2013
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    Normally you would have the contract with the company and a contract with the driver. The driver will be qualified with the company but he is your driver and your truck. What kind of contract dose the company want him to sign? Dose it have any thing in it about pay or compensation ?
     
  5. sophiee

    sophiee Bobtail Member

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    Sep 25, 2016
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    Hello,
    Thank you for your reply.
    The company wants him to sign one of their driver contracts that they issue to their own hired drivers. It includes salary, escrow, etc.
    So instead he should sign a contract with us for employment/pay and then the company's contract minus their payment (for example, the company polices, background authorization, etc?)
    Thank you.
     
  6. Sharky88

    Sharky88 Heavy Load Member

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    Yes the contract is with you. He is your employee of YOUR company. If the company your leased on too wants something signed about company policy, or directives that's fine but your the one paying him, and are responsible for the escrow etc. he is not a contractor you are. You need to talk to the company your leased to and work it out.
     
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  7. Ridgeline

    Ridgeline Road Train Member

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    The company has no business trying to get the driver to sign anything, he is your employee or sub-contractor.

    So stop messing around second guessing and playing games with this company, get a lawyer, have them write up a good contract for your driver and tell the company to stick theirs.

    By the way, you should not buy a truck or hire anyone without a lawyer involved to guide you. Too many cheap owners go this route and end up screwing the driver or screwing themselves.
     
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  8. Kyle s

    Kyle s Bobtail Member

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    Dec 2, 2016
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    the company will treat him as there “ employee “ since they are the carrier he has to qualify for them and fill out paperwork you also need to have a lease agreement, to get your tag you got to show that lease agreement
     
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  9. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    He is YOUR employee, however the co. you're leased to has the right to have him "qualified" to drive and deliver THEIR freight etc. Hence, the paperwork. Any O/O has to have his drivers qualified to haul freight for the co. the O/O is leased on to.
     
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  10. Sharky88

    Sharky88 Heavy Load Member

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    That is true it being qualified and signing a contract are two different things.
     
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  11. Ridgeline

    Ridgeline Road Train Member

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    If the company treats him as an employee, then they better pay him as an employee because he is their employee. If he works for your company (leased to the company), he exclusively works for you and only you and not the company. They only need to keep a record of his qualifications on file, that's all.
     
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