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Minnesota EMPLOYEE VS INDEPENDENT CONTRACTOR

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  • Minnesota EMPLOYEE VS INDEPENDENT CONTRACTOR

    Myself and my husband are Over the Road Truck Team drivers. Sometime around may 05, we filled out applications (very similar to any other company we have previously work for) for a company in Minnesota twin cities area. We were told we have the job @ 40 % of flat rate that they contract out with other brokers ect. We would receive our pay by getting advances on the loads from the customer as well as the employer too. This would be as much as 40% and as little as no advance. The remaining balance went to our employer whom started to not keep up on our pay. I had been asking for a settlement sheet Our employer said he didn't have enough staff to do their books and he would get working on that. As we had been asking on a continued basis. In august 05 the company did purchase the truck we found. During this time I had been asking for a weekly or monthly settlement sheet. They kept saying yea will mail that out to you. It never came. Needed to be paid for past loads & reimbursements. Well nothing really changed until I got a 1099 in the mail stating I solely made $89,600 and they put it in box 3 not 7, as well as the same amount in MN tax box. I'm not a Minnesota resident. I’m from Nevada. And my husband still has not got a tax form from them today. I confronted them and they said i would need to make out a 1099 for my husband. We drove the 1st company tractor /trailer for about 3 months with many breakdowns and lots of sitting time. This tractor was at the end of its life. The owner said he was going to sell it. The boss said keep an eye out and look around for another tractor. We did and we found a very nice truck priced right with very low low miles a very rare find per its age. I never signed a contract with this employer. and he now says i owe him $24,000. for what-he says a truck and if i owed for a truck where did i sign to make payments? How much are these payments. Then in 12/05 he sent a statement with tractor payments of around 1900.00 + and $885. insurance and Comdata charges. On that statement it didn't have his name or company name or my name just a blank Microsoft excel spreadsheet.
    January 06, he sent another letter said pay for each month from august to December of 2005 at the bottom in his hand writing he put call me with some numbers or this is the number i will use, and he put a total on it. This total not only didn't match the amount of these months added together. When i added the months together it was more then the 1099 tax form he sent me and it didn't include may, June or July. I still have to receive reimbursements over $6000.00 not received.
    I was only paid around 17,000+ the same goes for my husbands earnings. keep in mind we were interested in doing a lease purchase for a tractor with him. But we decided against doing it with this company as they are very unorganized and professional. My Q is How did I become an Independent Contractor? With no contract or agreement. I never signed a lease agreement nor did the company. Yet they did hand me a blank contract and told me to look over it. Then told me it would need a few things changed as it goes more for the driver. We thought it best to stay away from doing any type of business with this company. He would tell us on the phone that he was going to be firing another driver which he did. As well as another team truck. We quit employment and return the tractor in excellent cond. to the same place we p/u the tractor. Then he would keep us sitting allot so we weren’t making money 2 ,4 days we had no authority to be able to do work unless he delegated it to us. It was fine working for him assigning us loads and all, but when I started to notice short pay I kept on him get me the settlement sheets. he would always respond ok I’ll get that done, and not till December did he start sending them for each month and the numbers are not the same. Please help this employer is not being honest at all. he owes us corrected w-2's and unpaid wages as well as reimbursements. What do I do??? Thanks (to bad they don't have a spell check on here : )
    Last edited by BONNANN; 03-10-2006, 03:57 AM. Reason: spelling

  • #2
    I may have some information for you, but I couldn't wade through that huge block of text. If you would mind editing it to add some paragraphs and white space to make it easier to read, I'll come back and take another shot at it.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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