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The Law & You

Truck Driving Company Refuses to Pay Me as an Employee | Legal Advice

The Law & You
April 27, 2020

The Law and You

Truck Driving Company Refuses to Pay Me as an Employee | Legal Advice

Haley Blanco: It’s that time of the day for the Law and You where we give you free legal advice. Joining us from home we have attorneys Ed Ciarimboli and Greg Fellerman. How are you guys? We miss seeing you in here.

Greg Fellerman: We’re ready to come back.

Haley: So ready for people to come back in here!

Ed Ciarimboli: I’m sick of Zoom!

Haley: No one is going to want to use Zoom after this I mean, I know, it’s gotten so much traffic. You guys are using it for your clients, we’re using it for interviews. And you are helping our viewers out right now with their legal questions. So today, we have Mike in Lewisburg, he’s asking you, “I am a truck driver and right now working a lot but the company that I am working for refuses to pay me as an employee and instead keeps paying me as a 1099 employee. I don’t work for anyone else. Is this legal?” 

Ed: No. It is not legal. As a matter of fact, we’ve had a number of people call about this issue because right now there are a lot more tractor-trailer drivers on the road and the companies–well, some of the companies aren’t doing the right thing and this is going to end up biting the truck drivers really hard at the end of the day from a tax perspective. It’s not legal, you are not a 1099 employee, you aren’t working for any other company and they have control over you. You are an employee so you have to fight for those rights. 

Greg: And I bet there are lots of benefits you’re losing because of the designation of a 1099. So that doesn’t do you any good either. So I think from a perspective of workers’ compensation and a whole bunch of other things, you want to make sure your designation is accurate. And you know, we’ve had a couple of these cases, right?

Ed: Yeah, we’ve had a number of these cases. Greg hit it right on the head– you’re losing lots of money by allowing your company to do this. It is not legal but you got to fight them in order to do this. Especially now when product needs to be moving all over the place, it’s easy for someone to turn a blind eye to some of these rules, especially during this crisis, but really at the end of the day, it’s going to affect the truck drivers. The companies are going to be fine. The companies are doing it because from a financial perspective, they are maximizing their profits. It’s an issue. We’ve had a number of these cases and we’ve been successful on them so pick up the phone and give us a call. We’re more than happy to talk to you about it.

Haley: Alright call them or go online to PAHomePage for more of the Law and You.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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