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  1. #1
    Join Date
    Feb 2009
    Posts
    6

    Default Is There Any Protection for Independent Contractor

    My question involves independent contractors in the state of: OH

    I'm an independent contractor/mover in OH.

    I have a truck that I've been making payments on for 2 years.
    I'm planning on paying it off sometime this year.

    I bought my truck from the company I'm working for.
    (I can't work for no other company unless I pay my truck off so
    I'm pretty much stuck here unless I let the truck go)

    It's a small company and there are guys
    paying more money for their trucks and there are all kinds of abusive
    practice going on.

    There are some guys work weekly,
    there are some guys don't work for weeks.
    Terminal manager says there is no senority but dispatcher is obviously
    playing favoritism and going by senority for certain individuals.

    I haven't worked for a while now and haven't had income for about 12weeks.

    Last week,they took some money from my escrow account without
    even asking me saying it was for truck payments.

    There are guys started after me and making money every week.

    Isn't there anything I can do to resolve this issue?

    I went to talk to manager and he keeps saying they just don't have any
    work but I can prove that I'm the only one hasn't made any income
    for the 12 weeks.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Is There Any Protection for Independent Contractor

    What does your contract say about work allocation?

  3. #3
    Join Date
    Feb 2009
    Posts
    6

    Default Re: Is There Any Protection for Independent Contractor

    Quote Quoting LawResearcherMissy
    View Post
    What does your contract say about work allocation?
    Thank you for responding.
    It doesn't talk about anything regarding allocation at all but it says you can not
    use the equipment(in this case my truck) elsewhere for the purpose of making money unless the truck is fully paid off.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Is There Any Protection for Independent Contractor

    The "normal" labor laws do not apply to an IC - it's what's in your contract.

    Generally, an IC's only recourse is through the courts.

  5. #5
    Join Date
    Feb 2009
    Posts
    6

    Default Re: Is There Any Protection for Independent Contractor

    Quote Quoting Betty3
    View Post
    The "normal" labor laws do not apply to an IC - it's what's in your contract.

    Generally, an IC's only recourse is through the courts.
    Thanks for responding,Betty3.

    I knew the fact that normal labor law don't apply to me but based on that
    fact,how do I take it to the court? and do I need to hire a lawyer?and if so
    what kind of lawyer would even look at my case?

    Under normal situation,if I was an employee I know that I'd be getting umemployment benefit.

    Luckly,I do save what I can through the year and that's what I've been
    linving on but not getting paycheck for over 3 months straight is rough.

    Common folk like me can't save $100's of thousands in a year.
    We're the one pay for all the expense and we don't make that kind of money
    to begin with.

    It has a lot to do with curent economic crisis,too and I sense even my terminal
    manager is not sure what's really going to happen 6 months from now.
    I don't think it's ever been this slow since Great Depression.

    I know there are guys outthere in the same situation I'm in right now.
    I know quite a few guys about to lose home or can't even afford to buy
    food.
    I just wish there are some kind of law to protect IC's.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Is There Any Protection for Independent Contractor

    I wasn't necessarily saying to go to court in your situation but just that normal labor laws & the agencies overseeing the laws are not available to an IC.

    I don't know how much recourse you have since it seems your contract does not address allocation of work.

  7. #7
    Join Date
    Feb 2009
    Posts
    6

    Default Re: Is There Any Protection for Independent Contractor

    Quote Quoting Betty3
    View Post
    I wasn't necessarily saying to go to court in your situation but just that normal labor laws & the agencies overseeing the laws are not available to an IC.

    I don't know how much recourse you have since it seems your contract does not address allocation of work.



    Ok,I got it.Thanks again for responding to my question.

  8. #8

    Default Re: Is There Any Protection for Independent Contractor

    I think you should cross reference that advice with an attorney who specializes in labor law. I ama contractor in New York and have been for six years; I make all the side money in the world. I have had success in litigating against unscrouplus Sub- Contractors who think they can get over on Contractors. Listen, the term contractor is not synonymous to illegal immigrant; and even they can exercise their rights, so should you. Contractors usually when in court because judges look at evidence and not circumstance and if the employers are not treating their workers fairly; they will be punished!

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