Brandon
texas,#2
Fri, August 28, 2009
The person that you were working for is the person who owned the truck. The person who took the time to make the decorative toilet paper contract they had you sign. Because in the end, that is just about all it is, toilet paper. I have done this myself. I wished I had taken Steves advice when I first read about this from him. My first go around was also with Panther. Except a different fleet owner, which were Majestic Transport (report still on this site if you want to see it). But by the time I wised up I was already with another company that tried to mess me around.
You report the fleet owner, later Panther in time will become entangled in their mess they have helped make. My situation where I excercised this practice speaks of was with an actual company. I was driving this guys truck, under the authority of the company he owned. I not only got put on W-2 and no more 1099, but also got a handsome hourly wage, they had to pay ALL back unemployment insurance tax, workmans comp insurance tax, but the real kicker. Anything owed for that year they were not withholding for the IRS they are liable for. This is why they have the W4 form. Paying taxes is not an option. When it comes down to it these companies and other think calling someone a contractor releases them from liabilities, certain taxes, and frankly, the law. They think it is a loophole. But do what Steve said and you will come out smelling like a rose. I personally skipped the workers determination status step. The unemployment office is who told me that. And they also went and did their own investigation. And monetarily "ripped a new one". Good luck to you.
James
San Jose,#3UPDATE EX-employee responds
Tue, March 24, 2009
Through all this i have heard of threats of class action law suits,talk of goverment complaints, and just general threats.I have yeat to see any of this happen.Is this something you guys are still going on about or has it ended? (((ROR REDACTED))) CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
James
San Jose,#4UPDATE EX-employee responds
Tue, March 24, 2009
Through all this i have heard of threats of class action law suits,talk of goverment complaints, and just general threats.I have yeat to see any of this happen.Is this something you guys are still going on about or has it ended? (((ROR REDACTED))) CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
Pardel
Bernie,#5Consumer Suggestion
Thu, December 11, 2008
Steve, I have seen where you have posted to fill out this form before. http://www.irs.gov/pub/irs-pdf/fss8.pdf Who is the potential employer? The person we were driving for (the fleet owner) or PantherII, who the fleet is leased onto? This is where it is confusing for those of us that drove for one of these scam fleet owners!
Steve
Bradenton,#6Consumer Suggestion
Thu, December 11, 2008
First let me vent. Forget the "class action lawsuit" thing. That is ONLY spouted by the uneducated. Big bucks to do, and YOU pay the costs up front in most cases. NOW...If you really want justice, you MUST do a few things. Do them exactly the way I say, and in the exact order. I have done these things and got good results. I'm not just guessing here. The FIRST thing you have to do is LEGALLY determine your "worker status". Just because someone calls you an "independent contractor" does NOT make you one, EVEN IF YOU SIGNED AN AGREEMENT! Under both USDOL guidelines and IRS rules, there are several checklist items that MUST be met in order to be an independent contractor, and the fact is, that MOST of these "independent contractor" agreements due not meet this criteria, and are thus illegal. Which means you are legally an employee. I am familiar with the Panther operation, and you were an employee. As an employee, your average earnings, by federal law, MUST average at least the federal minimum wage. HOWEVER, you still need to go to the IRS website or the local office and obtain IRS FORM SS-8 "Determination of Worker Status". Fill it out truthfully, make a copy for your records, and mail in the original. It will take several weeks to get a response. In the mean time, you need to file a complaint with the DOL in your state and with the USDOL. Normally the office you are addressing is the "wage and hour" division. You need to make a claim for wages. By the time you get this ball rolling you will most likely have recieved the SS-8 Determination that you were legally an employee. The importance of being ruled an employee, is that the "company" will be backcharged for ALL of your social security and medicare contributions, and will also be hit with fines and assessments for back unemployment insurance and workmans comp insurance. Now, with that done, you need to file for unemployment insurance. It will get denied the first time in most cases, and this is what you want. Now do the appeal. Be sure you file against the truck owner that you worked for, and not Panther. That will come next when the truck owner gets hit with huge fines and assessments and "rolls" on panther. Now, you need to write to the FMCSA and send along a copy of your "lease" and in your complaint, tell them that you were treated as an employee. That makes the "lease" invalid. Also, the FMCSA has several provisions that MUST be met in order for a "lease" to be valid. Once the FMCSA invalidates the lease, your unemployment claim, wage claim, etc. is automatic, as you have been deemed an employee. The truck owner and Panther will get nailed for illegal lease. This is just a start, but all of the essentials have been covered. Have fun with these idiots. Don't get mad...Get PAID!!
Pardel
Bernie,#7Consumer Suggestion
Thu, December 11, 2008
Type in Expedite Solutions. It is the same for the drivers that drive for Expedite Solutions with PantherII. A total rip-off. Not only do they not pay their drivers they make the drivers sign a contract to stay with them for 1 year. Not many drivers can last the year out. I just do not see how Panther II can be unaware of these bad fleet owners that fleece driver after driver and get away with it!
Ask
Louisville,#8UPDATE EX-employee responds
Sat, November 01, 2008
Infinity Transport Along With Panther2 Christopher Williamson Cape Coral Florida I had pretty much the same situation with infinity the shady pay the low pay.Now i find the reason the never sent out 1099's is because they filed a false one with the I.R.S and so now i seem owe back taxes for money i wasnt paid. Anyone has any insite or advice email me
Stix
Fayetteville,#9Author of original report
Mon, November 26, 2007
Anyone interested in joining me in a class a ction law suit against Chris, Infinity and Panther let me know
Sabine
Fredericktown,#10UPDATE EX-employee responds
Sun, November 25, 2007
My husband and I worked for them for one week. Never got paid for the week, since, according to the owners, it cost them more money for orientation, then what we should have been paid. My husband got ill, could not drive for a while, so we turned to truck back in to them. My husband subsequently passed away about 5 months after quitting there. On the last load, after giving notice, I had to take a load to PA, and then drop the truck in Ohio. I needed another 50 gal of fuel, I was afraid I would run out. The shut off the fuel card, wanting me to pay for it, since I had taken an advance a day or two ago, according to them I should have had the cash. I stood my ground, finally got them to pay. 50 percent pay is after they take off for the fuel, and they do explain this plainly before you hire on, and in the contract you sign. I would never, ever work for them again. Everything sounds good on the phone, but Panther II and Infinity Transport are on the bottom of my list. Panther II will always stand behind the trucks owner, never the driver, so no matter what, you as the driver are always in the wrong. Everything said by Steve is pretty much the exact same experience we had with them, and I whole heartedly agree to stay away from them. Good luck on getting your money, we never did.