Steve
Bradenton,#2Consumer Suggestion
Fri, September 19, 2008
Like the old saying goes, if it sounds too good to be true, it usually is! FYI...There are NO GOOD LEASE DEALS. Period. Never sign a lease agreement that does not spell out performance of BOTH parties. They would have to stipulate a minimum rate per mile and minimum number of miles for you to intelligently evaluate the lease in the first place. What numbers did you use to evaluate the deal? The numbers the SALESMAN threw at you? HOWEVER....I do have a "way out" for you. Actually there are a few ways out. Hang in there and do these things, but DO NOT quit YET. **First, go to the IRS website and download form "SS-8" titled "Determination of Worker Status". Fill it out completely and truthfully, make about 5 copies of it, and then send the first one to the IRS address given in the directions for that form. The reason you want to do this is to challenge the "independent contractor" status you allegedly have, and legally be declared an EMPLOYEE. [Just because someone calls you an independent contractor, does not make you one, legally]. With this done, you can legally break the lease under the material misrepresentation clause in contract law and the provisions of the FMCSA regarding "leasing", and also get your SS taxes 100% paid, as well as your workmans comp prem and unemployment comp prem, as well as wages that equal at least minimum wage for all hours worked. Contact OOIDA as they have challenged CR England leases in court in a class action and won. CR England Leases are ILLEGAL, and the control they exert over you alone makes you an employee. This can be verified with the USDOL. Now, file a complaint with FMCSA regarding your lease. Send them a copy of it, along with your USDOL complaint, and your IRS form SS-8. Give it about 30-45 days until you get answers from all agencies, and then send a certified mail letter to CR England's legal dept informing them that due to the fact that the lease is illegal and you are actually an employee, you want the lease terminated, and you demand to be paid for all time as an EMPLOYEE. Now, send all of this to the State Dept of Labor where you live, attn wage and hour division. Have fun with these morons, then get paid!