Used to work for a trucking company, settled everything as far as keys etc go the day I quit. They told me that they would cut me a check on Friday when I went there they told me it would be the next day. Now they are telling me that they would not pay me untill they got an estimate on a small damage that was done to the truck. Is this legal?
2007-05-05 08:00:27 · 4 answers · asked by joyw99 1 in Business & Finance ➔ Taxes ➔ United States
Doesn't sound legal to me at all. They are required by law to issue you your last paycheck by the next scheduled pay day. Even under Texas laws they would have to attemp to recoup any losses from you (like not turning in equipment, ect) by another means such as small claims court--NOT out of your work wages. That is your money and there is no excuse for the delay.
I had a friend that I worked with in CA and she ended up bringing her previous employer to court because of the same exact thing---they kept giving her the run around on her final paycheck. She not only won her case, but ended up getting even more money awarded to her as well from that company because they waited so long to pay her, so you may have to threaten him with something like that since the law is on your side.
2007-05-05 08:14:38 · answer #1 · answered by MarineMom 6 · 0⤊ 0⤋
It depends on the state you live in. Some states have a 72 hour law, some are next pay day and some is the day you quit.
It is traditional in the trucking industry for them to pay on the next pay day. If there is damage to the truck then that can/will be deducted and can hold up a check until that damage is assessed...yes, it should be easily done, but trucking companies like to mess with drivers that quit or are fired.
I would suggest that you call your home state's labor board and ask them what the law is on time limits for final pay. At the same time you can ask them what your options are if the company doesn't pay you on time. This too varies from state to state.
Unfortunately, because truck drivers are not covered under most fair labor laws (we are lumped under the unskilled labor designation along with agricultural workers), your only recourse may be to file in small claims court for your pay. If you are a member of OOIDA, then you can contact their membership services department and they will at least call the company and try to jump start them.
Also, you might have a lawyer draft a letter demanding payment of the monies due you. If the company is large, then this might not work, but if it is small, they may want to avoid threatened litigation.
I would also suggest that you check your DAC report asap. If this company is saying you damaged their equipment and report to DAC, you may find that they have put in a bad report on you. If they have, you have the right by law to challenge the bad report and also to have a statement from you put on your report that explains what the damage was and that an error was made in the reporting.
Good luck...I hope they give you your money.
2007-05-06 01:17:46 · answer #2 · answered by ladygodiva1953 4 · 0⤊ 0⤋
They don't have to pay you before the day you would normally be paid for the time you worked. I don't believe it is legal to hold a pay check because of other money you MAY owe the company. If the amount was known before payday, they could deduct it from your final pay.
2007-05-05 20:33:20 · answer #3 · answered by STEVEN F 7 · 0⤊ 0⤋
If you quit they can hold check tell next pay period if you get fired they must pay you within 2 days as far as trucking company dont know
2007-05-05 15:10:34 · answer #4 · answered by moorepool3 1 · 0⤊ 0⤋