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Wi truck driver not getting pay check

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  • Wi truck driver not getting pay check

    Help! I am a truck driver, classified as a "sub-contractor" for a small trucking company, there are 2 trucks, the owner drives one, I drove the other. Everything was going good, getting paid weekly, then I turned the truck on it's side on a Thursday due to high winds. The paycheck I was suppose to recieve the next day, for work already performed the previous week, is not being issued to me, nor for the week I had the accident. The owner is trying to tell me that he don't have to issue a paycheck until the investigation is done on the accident. But the way I see it, the paycheck has nothing to do with the accident, and it is for work performed for the week BEFORE the accident. The accident was investigated by the state patrol and there were high winds where I was and I wasn't the only trucker to be over turned that day. ACCIDENTS HAPPEN, and isn't that what insurance is for?

  • #2
    Sub-Contractor

    If you are truly a sub-contractor, you are not considered an employee. As such, there is no requirement that an employer pay you on time. You are considered as a vendor.

    You can read more about an independent contractor status at: http://www.dol.gov/esa/regs/compliance/whd/whdfs13.htm
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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