MartyMarsh
Stillwater,#2General Comment
Wed, April 11, 2012
Also,I would wonder with all the bad reports on England why the ATA would have an England as a board member.It just shows that neither have any integrity and it's all about politics.So as usuall,where does that leave the little guy?
Southern Chemical and Equipment LLC
Sarasota,#3Consumer Comment
Wed, April 11, 2012
When a person signs that "lease" contract, they also become an INDEPENDENT CONTRACTOR, by law.
Therefore, LEGALLY, a driver does not have to "ask" to get home, LEGALLY they can just go, because they are LEGALLY self employed, right?
Worker misclassification is a huge problem in our country, and is growing by the day.
Any drivers who are having problems with ANY company under these circumstances while being called an independent contractor need to IMMEDIATELY submit IRS Form SS-8, "Determination of Worker Stautus".
This opens up a big can of worms for the company as well as huge$$$ when you are found to meet the criteria of an EMPLOYEE. I have actually done this, and it works. Then you can get unemployment compensation, and you can also file back wage claims for any week you did not make at least minimum wage, etc.
If any company forces you to comply with work rules, you are an employee.
If a company provides you anything at all to do your work, you are an employee.
If a company sets your work schedule (like forced dispatch) you are an employee.
And, MOST important, to be an independent contractor, legally, you MUST be able to provide your services to anyone you choose, any time you choose.
Trust me, CR England lease drivers are ALL misclassified and are LEGALLY employees, NOT independent contractors.
ALL current and former "lease drivers" for CR England or any other company need to obtain the IRS Form SS-8 and fill it out completely and submit it ASAP.
Do it today.
The SOL on claims for worker misclassification and wage and hoyur issues is usually 2 years.