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  • Report:  #1218364

Complaint Review: Try Hours Inc

Try Hours Inc Executive, Expedited Solutions L.L.C., Cliff J. Guerrieri Refuses to Pay Wages to Drivers Maumee, OH, Jacksonville, FL Nationwide

  • Reported By:
    SJackson319 — Flint Michigan USA
  • Submitted:
    Thu, March 26, 2015
  • Updated:
    Mon, April 27, 2015

Cliff J. Guerrieri, owner of Executive Expedited Services, an LLC based out of Jacksonville, FL, who contracts his services to Try Hours Inc, out of Maumee, OH, refuses to pay his drivers what they are due.

He is very shady, and dodgy about how he pays his employees.

In my case, paperwork was lost via Trip-Pak from a load in January 2015, which is how Try Hours wants to collect their paperwork, a non-standard industry practice. As such, Try Hours recouped the pay from Cliff, and Cliff now refuses to pay me and my co-driver until it is paid. 

As stated by Try Hours, the load WILL BE PAID, as their customers are like family, and they will get a new Bill of Lading in order to bill the customer, it just takes time. 

Cliff on the other hand, is trying to take money from his drivers for this error, that is not on our hands.

Try Hours DOES recommend taking photocopies of the paperwork, however, it is not REQUIRED. It just makes billing the customer EASIER.

As all of our paperwork was filed in and with the state of Ohio, and my co-driver and I live in Michigan, our legal case will be taken up with the state of Ohio's labor department. 

Cliff J. Guerrieri is in violation of Ohio State Employment Law for withholding my final paycheck without a Court Order.

I am still awaiting payment, and it has been 2 weeks since it was due.

 

Shane

Flint, MI

10 Updates & Rebuttals


Cliff has been paid, but I have not.

#11Author of original report

Mon, April 27, 2015

Cliff Guerrieri has now been paid by Try Hours for nearly a week and a half, after confirming with Try Hours that the order has been paid... which was his initial reason for withholding from me.

Now, since he has been paid, you would think he would render payment for the services I provided, however, that is not the case.

 

After confronting Cliff about this via text message, I received the following responses... and I will quote them verbatim... so pardon the spelling mistakes that he may have made.

Cliff's response:

"Actually I am so far behind it is sickening from not getting at least a two week notice or 30 days in this business is best. I will not even get paid for another two weeks and I am so buried it will he at least six to eight weeks before I am caught up. It is not easy finding a decent new Codriver at the last moment and driving solo is or was not an option.

I have not got one paycheck since you two quit."

My response:

"I don't care about your financial issues. You owe me money. You've been paid, I have confirmed that. So pay up."

Cliff:

"Dude right now I am broke because you and *name withheld* gave me no notice."

(We gave him no notice? He refused to pay us, so why would we? At-Will Employment State)

Me:

"I don't care about your issues. Pay up. TODAY.

Cliff:

"You pay me the money i lost by your not giving me a proper two or thirty day notice and I will pay you too."

(Cliff wants me to pay HIM because I quit... just think about that for a second...)


 

It is painfully obvious that Cliff J. Guerrieri has no intention of paying people who work for him once he incurs any sort of loss, be it temporary, which is the case here, or be it permanent... which is not the case here.
To say that this is anything less than criminal is a joke. That's exactly what this is.


The Truth

#11Author of original report

Thu, April 02, 2015

The work was done in January 2015.

It is now April 2015, and Cliff NOW decides that he's going to illegally withhold my final paycheck, which he cannot do in Michigan, Ohio, OR Florida, where his business is registered, without so having a COURT ORDER.

Cliff, all you have to do is pay me the money that you owe me, and stop kicking and screaming like a little girl who doesn't get her way, and I'll be out of your hair, and you never have to deal with me again.

Otherwise, it's going to just get uglier and uglier for you.

 

As far as Jimmy is concerned... Jimmy and I got along just fine. ****, we still talk to each other, so I have no clue what you're talking about that he asked you to replace me, because even he has told me that is a flat-out lie if he'd ever heard one.

We are not responsible for the delivery service losing your paperwork. Sorry to break it to you bud, but it's in BLACK AND WHITE... it is only RECOMMENDED that we take/make copies of the Bills of Lading, NOT REQUIRED. 

You've already said it yourself, I was already paid out on the load you're speaking of, so it has no reflection whatsoever on the money you are withholding from me.

AND I QUOTE, March 16, 2015, at 4:25 A.M.:
"Shane you have already been paid in an advance on that lost load and for workman's comp I was charged for so save the dramatics. I am not making a dime on your payroll. If you needed money you should have accepted my offer while you had the chance instead of quitting without giving proper notice on top of it."

Quitting without proper notice? Sorry bud, Ohio and Michigan are At-Will Employment states... anyone can get fired, or quit for any reason, with or without notice.

Why should I give 2 weeks notice to someone who can't even fix his trucks, let alone pay his drivers?


Cliff

Florida,
USA

All you have hone is to prove me right!

#11REBUTTAL Owner of company

Wed, April 01, 2015

Shane,

I supplied the truck my work is done I had nothing to do with the paperwork you did. How or why should I pay you when I havent been paid the money from the load that I am supposed to pay you with. I realize it is a bit confusing to you but until I get paid neither do you.

As for your lead driver Jimmy he has not said one word he drove for me for over 6 months until you got in the truck and asked me to replace you after you were in the truck for less than 6 weeks so stop being difficult and accept the fact that you made the mistake and you are responsible as he has, not me and try to get a new job and stop trying to get a free ride in life.


Cliff is oblivious to the facts

#11Author of original report

Mon, March 30, 2015

My Co-Driver and I already spoke with accounting over at Try Hours.

The load was from January, that much is true. Cliff had already received the money for the truck, and the money was recouped late February, per Try Hours, and a conversation with Cliff on the phone, AND in person, before he started all of this "I'm not paying you" crap.

Try Hours paperwork states it is RECOMMENDED that drivers make copies of the bills of lading, in order to ensure that they get the paperwork as fast as possible, as they use the Trip-Pak service to obtain their bills... which is NOT a standard industry practice, it is a practice that TRY HOURS maintains to their core. 

It is not a REQUIRED service, as you can turn in your paperwork to ANY Try Hours office nationwide, and it will still get processed all the same.

Cliff DID get paid for the load, as I have said, but it was recouped, and now, he wants myself and my co-driver, to pay for the money that they recouped and placed on HOLD. 

Per Try Hours, this does NOT mean that the truck will NOT be paid. It just means that it will take longer to process the payment, as they have to get another signed bill of lading, which is a process that could take a few months at most.

Cliff doesn't realize, that we have already done the work, therefore, we have already earned our money. You can't just take money from people after they have already performed their duties. It is called THEFT... which is ILLEGAL.

His attempts to slander and defame my person are now a matter of public record, and are legally noted.


Cliff

Florida,
USA

You cant even keep your story straight that is what liars do.

#11REBUTTAL Owner of company

Sun, March 29, 2015

Earlier you said I already got paid on that load and so did you? Now you are saying I will eventually get paid? Which one is it Shane? Normally it takes two wekks to get paid on a load this load is from January your very first load but it is the end of March?

Shane none of this was even really necesary as I told you if I do ever get paid you will too. If they dont pay me the money I need on the load to pay you because you didnt take a back up copy of the signed bill of laden before it got lost like you were instructed to do in orientation on your very first day why should I pay you? When they haven't paid me? You have only proved me right and to everyone who reads this what I have had to endure from you because you cant admit when you are wrong.

As for me when I got out of school their was no war in the early eighties. The only people I knew that went into the service back then were people wanting a partime job in the reserves. Trust me if we were at war I would have been first in line and not a mechanic like you i would have requested to be on front line just like my father before me.


9 jobs?

#11Author of original report

Sun, March 29, 2015

NOTE:

I did not QUIT my last 9 jobs. I haven't been able to maintain GAINFUL employment. Cliff does not have a clue as to what he is talking about.

I have had 9 jobs, true. Over the course of the past 5 years.


Shane

Flint, Michigan


Cliff J. Guerrieri likes to smear people's names and reputation when they fight back against his scams.

#11Author of original report

Sun, March 29, 2015

I never said anything more to Cliff than "I have a VA Disability claim in process for PTSD, and just as a heads up, they may, or may not rate me at 100%, in which I would not be able to work," and that I would let him know if and when that was going to happen.

Cliff doesn't respect anybody. He tried to get me and my co-driver to argue with each other after we both quit saying to each of us that the other requested another co-driver because we couldn't stand the other, a blatant lie at best, because we got along just fine.

I accept responsibility for my mistakes, but I do not accept responsibility for things that are entirely out of my hands, in this case, loss of paperwork by the Trip-Pak service... which is again, only a TEMPORARY SETBACK for Cliff, as Try Hours is working with the customer to get another signed bill of lading, and then Cliff WILL get paid. 

He is illegally withholding my wages without a court order by the States of Ohio AND Florida, states in which he operates his company in contract to Try Hours, Inc.

Cliff is one of many owner/operators that contract through Try Hours Inc, who seem to think they can get away with not paying their drivers.



-Note-

Not a single veteran will care who in your family served where, because YOU didn't serve anywhere. So trying to use your FATHER as a scapegoat to make yourself look good is shameful to him, and yourself.

 

Shane

Flint, Michigan


Cliff

Florida,
USA

Shane Jackson Is Not Disabled

#11REBUTTAL Owner of company

Sat, March 28, 2015

Shane Jackson is no where near disabled and admitted to me that he would prefer to be paid under the table so it would not effect his disability claim and that he had purposely quti the last nine jobs he had to prove he could not maintain a job and needed to be on disability. I respect men in the service of our country but I do not respect guys like Shane Jackson of Flint Michigan who do not accept responsibility for the mistakes they make and try to get a free ride in life. My own Father was in WW2 for 31 months of active combat duty in Europe as a machine gunnest from 1942-1945 til the end of the war.


Cliff J. Guerrieri

#11Author of original report

Fri, March 27, 2015

That's cute. He can't even get his figures straight. The load was for $1681.28. I was to be paid 20% of that, and I was. The load was in January. I got my 10% up-front, as per our arrangement, and the rest came in the check 2 weeks later. He didn't mention that did he? The total I was paid for that load was $336.40. 

I'm responsible for what again? I offered to share my 20% of the responsibility until Try Hours gets another bill of lading, which they have already said is in the works.

Cliff WAS paid on the load, and when Try Hours did not receive the paperwork, they recouped the money in late February.

It's kind of funny for a truck owner to have 2 drivers quit at the same time right? He wants us to be 100% responsible for his TEMPORARY set-back. 

He is dodgy on how he pays you. It took him nearly a month to get direct deposit set up with me, but he pushed and pushed to just get me to take Wal-Mart money orders instead. My last check for $306.40 he wouldn't even send me. I had to drive down to Ohio to get the cash from him myself, which is when he sprung this whole "You and your co-driver are responsible for this load" crap on me.

Try Hours does not REQUIRE you to make backup copies of paperwork. They recommend it, because in cases like this, it speeds up the payment process. Trip-Pak is not an industry standard practice. I've worked as a dispatcher and truck driver elsewhere, and Trip-Pak was only used for a few reasons... either you weren't making it home before paperwork was due, or the driver or company needed the payroll asap.

Cliff is trying to dodge paying me, and will try to claim that I am "blackmailing and extorting" him, because that's what he does. 

He has failed to pay me on time each week, he has failed to pay me in the format we agreed upon.


I would be more than happy to share a full un-cencored copy of our email logs, where you will see him even go as far as taking cracks at my VA Disability claim... which all I ever told him in the past was that I had a claim in process, and that they may or may not rate me at 100%, which would leave me unable to work... what did he say in the email? He threatened to turn me in to the State of Michigan for attempting to defraud the government... I laughed at that... but I was also highly offended someone would take a crack at a veteran like that.


Executive Expedited

Jacksonville,
Florida,
USA

Shane is not telling the truth and is a liar.

#11REBUTTAL Owner of company

Fri, March 27, 2015

Shane is not a person who can be trusted and is not telling the truth. Shane failed to follow proper protocol as he was instructed to do in orientation with regards to taking a back up copy of the signed bill of laden just in case the original is lost well in this case it was and as told by the carrier Try Hours he is responsible for turning in that paperwork or he may not get paid. They told him and I have told him until I am blue in the face I have not been paid for that load he ran he is responsible for the loss I substained and did not get paid one dime for that load and have told him if I dont get paid neither does he but I also told him if and when I ever get paid on that load I will pay him but as of right now I am out $1,540 dollars because of his mistake that he is unwilling to accept responsibility for and would rather lie about it and commit slander and attempt to damage my good name by threatening to file this report if he doesnt get paid. I responded until I get paid the money I need to pay payroll he will not be paid. End of story.

Do not hire Shame is what his name should be because ought to be ashamed for attempting to hold me responsible for his mistake after I have exchanged at least 30 e-mails with him fully explaining the the situation and is a policy of every carrier always take backup copies of the signed bill of laden. This load was from January and still has not paid me a dime but him and his codriver got an 868 dollar advance that if this load never pays out I will be charged for because he quit after not wanting to accept responsibility for his mistake. He also put my phone number as Try Hours because that is the kind of guy Shane is. Unwilling to admit when he is wrong.

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