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Thread: labor law and wages owed ?

  1. #1
    BIG JEEP on 44's is offline Senior Board Member BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street. BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street. BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street.
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    Default labor law and wages owed ?

    It seems Gainey's payroll dept was absent the day this was covered because I spoke with them on 9/ 15 regarding lack of a check on the week of 9/14 after i resigned monday 9/8...now if I had not quit I would have been owed about $900 for the pay wk of 9/14...but since monday was my last day they technically owed me all wages that check/pay period ...well the lady says when a driver leaves he is put on term status and pay is withed ateast 1wk...I got her saying this knowingly on tape ...Well by law no employer is permitted to hold an employees pay back for any reason ...or deduct money wthout written conscent each pay check by the employee accompanied by a full itemized statement of the deductions...this written conscent must be given without the fear of termination or discipline for not signing for the deductions...

    Well if my pay comes in full and they don't screw my dac...I'll be surprised.

  2. #2
    jd112488's Avatar
    jd112488 is offline Board Regular jd112488 is a distinguished poster and probably helps little old ladies across the street. jd112488 is a distinguished poster and probably helps little old ladies across the street. jd112488 is a distinguished poster and probably helps little old ladies across the street. jd112488 is a distinguished poster and probably helps little old ladies across the street.
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    oh look there's a point. wait wrong thread, no point here. sorry for the confussion.
    Keep on rockin'

  3. #3
    BIG JEEP on 44's is offline Senior Board Member BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street. BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street. BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street.
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    Quote Originally Posted by jd112488
    oh look there's a point. wait wrong thread, no point here. sorry for the confussion.

    Jed ...I picture a goofy haired person with either a skinny-fat or just pudgy build sporting "80's" metal band t-shirts when I think what you possibly look like...you know the kind of guy that gets beat up...ALOT... :wink: ...probably got a mullet...and a "'chuck norris " poster framed next to your..."total gym"...and a mirror close by so you can admire you 12-13 inch "Pythons" when pumped between sips of "PBR"... :wink:

  4. #4
    Uturn2001 is offline Senior Board Member Uturn2001 is on the right path.  You could probably safely loan them a quarter.
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    Depending on the labor law of the state the company is based out of they may have until the paycheck for that period would normally be issued to pay you.

    Just so you are clear lets say you worked from the 1st to the 7th and quit. You would not have been paid for that week until the 14th had you continued to work there. The company may have until the 14th to fully pay you all wages owed.

    To know for certain you have to look up the labor law for the state the company is based out of.

    While there are many states where there are laws in which any non regular deduction must be agreed upon in writing by the employee at the time the deduction is made, not all states have this protection. Some do allow forms to be signed in advance authorizing those deductions for things such as loss due to damage, unauthorized use, etc.

    Where so many trucking companies get away with this crap though is that often the majority of their employees reside in another state which makes it even more difficult to get complaints and charges filed and taken seriously.
    Finding the right trucking company is like finding the right person to marry. I really comes down to finding one whose BS you can put up with and who can put up wih yours.

  5. #5
    BIG JEEP on 44's is offline Senior Board Member BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street. BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street. BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street.
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    Quote Originally Posted by Uturn2001
    Depending on the labor law of the state the company is based out of they may have until the paycheck for that period would normally be issued to pay you.

    Just so you are clear lets say you worked from the 1st to the 7th and quit. You would not have been paid for that week until the 14th had you continued to work there. The company may have until the 14th to fully pay you all wages owed.

    To know for certain you have to look up the labor law for the state the company is based out of.

    While there are many states where there are laws in which any non regular deduction must be agreed upon in writing by the employee at the time the deduction is made, not all states have this protection. Some do allow forms to be signed in advance authorizing those deductions for things such as loss due to damage, unauthorized use, etc.

    Where so many trucking companies get away with this crap though is that often the majority of their employees reside in another state which makes it even more difficult to get complaints and charges filed and taken seriously.
    I base their follies on MI labor law where they are located 3 trips well really 4,but had i not resigned on the 8th a check was due on the 12th for 3 of them...GTS decided to hold them ...Can't do that in MI...and in MI the employer needs written conscent for deductions...

  6. #6
    Twilight Flyer's Avatar
    Twilight Flyer is offline The Bat Cave Board Icon Twilight Flyer is well-known and should trademark his/her name. Twilight Flyer is well-known and should trademark his/her name. Twilight Flyer is well-known and should trademark his/her name. Twilight Flyer is well-known and should trademark his/her name. Twilight Flyer is well-known and should trademark his/her name. Twilight Flyer is well-known and should trademark his/her name.
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    Hey Big Jeep.

    Did you know that Chuck Norris counted to infinity?

    Twice.

    Yeah, I've got kids...Chuck Norrisisms are all the rage.

  7. #7
    BIG JEEP on 44's is offline Senior Board Member BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street. BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street. BIG JEEP on 44's is a distinguished poster and probably helps little old ladies across the street.
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    Quote Originally Posted by Twilight Flyer
    Hey Big Jeep.

    Did you know that Chuck Norris counted to infinity?

    Twice.

    Yeah, I've got kids...Chuck Norrisisms are all the rage.

    well he has that time becase he never sleeps and only sits crouched waiting in a constant state of readiness.

  8. #8
    Syncrosonix's Avatar
    Syncrosonix is offline Senior Board Member Syncrosonix has satan worried that he/she's going to take over. Syncrosonix has satan worried that he/she's going to take over. Syncrosonix has satan worried that he/she's going to take over. Syncrosonix has satan worried that he/she's going to take over. Syncrosonix has satan worried that he/she's going to take over. Syncrosonix has satan worried that he/she's going to take over. Syncrosonix has satan worried that he/she's going to take over. Syncrosonix has satan worried that he/she's going to take over. Syncrosonix has satan worried that he/she's going to take over. Syncrosonix has satan worried that he/she's going to take over.
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    Quote Originally Posted by Twilight Flyer
    Hey Big Jeep.

    Did you know that Chuck Norris counted to infinity?

    Twice.

    Yeah, I've got kids...Chuck Norrisisms are all the rage.

    chuck norris once had sex inside of a semi-truck. one sperm got loose and we all know that semi as optimus prime.

    anyway, welcome to two years ago when the chuck norris "facts" were new.

  9. #9
    dobry4u's Avatar
    dobry4u is offline Senior Board Member dobry4u is well-known and should trademark his/her name. dobry4u is well-known and should trademark his/her name. dobry4u is well-known and should trademark his/her name. dobry4u is well-known and should trademark his/her name. dobry4u is well-known and should trademark his/her name. dobry4u is well-known and should trademark his/her name.
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    Contact the State of Michigan's Department of Labor and Economic Growth {DLEG}, Labor and Wage Division and file a complaint
    (www.mi.gov you can file online}. They will act on yourbehalf.

    Chuck Norris for President

  10. #10
    TimberWolf is offline BANNED Rookie TimberWolf has a checkered past and should take up chess.
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    Hey Big Jeep,
    Colorado Labor law concerning your last check is like this.
    If you are fired the company must pay you within 24 hours of your firing time.
    If you quit the company must pay you on the next scheduled pay day for all employees. This I know as fact due to all my time as an Executive Chef in Denver, Evergreen and Winter Park areas. (unless the laws have been overturned in the last 10 years and I doubt they have been)
    I would assume since you are based out of Colorado the company is going to abide by Colorado's labor laws and not the ones in Michigan, not sure about that but most likely somewhere on your hiring paperwork it may tell you this info?

    As far as last minute deductions, make sure you did not sign some small print paper at the time of hiring allowing them to withold deductions for any specfic reason. A lot of companies do this while you are siging up for employment and unfortunaltly a lot of employess just hap-hazardly sign all paperwork without reading it completley, thus getting screwed at some point down the road in a perfectly leagal fashion.


    Timberwolf

  11. #11
    headborg is offline Senior Board Member headborg is on the right path.  You could probably safely loan them a quarter.
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    Quote Originally Posted by TimberWolf
    Hey Big Jeep,
    Colorado Labor law concerning your last check is like this.
    If you are fired the company must pay you within 24 hours of your firing time.
    If you quit the company must pay you on the next scheduled pay day for all employees. This I know as fact due to all my time as an Executive Chef in Denver, Evergreen and Winter Park areas. (unless the laws have been overturned in the last 10 years and I doubt they have been)
    I would assume since you are based out of Colorado the company is going to abide by Colorado's labor laws and not the ones in Michigan, not sure about that but most likely somewhere on your hiring paperwork it may tell you this info?

    As far as last minute deductions, make sure you did not sign some small print paper at the time of hiring allowing them to withold deductions for any specfic reason. A lot of companies do this while you are siging up for employment and unfortunaltly a lot of employess just hap-hazardly sign all paperwork without reading it completley, thus getting screwed at some point down the road in a perfectly leagal fashion.


    Timberwolf
    But the thing is-- many of these one page "authorizations" to withhold-- that is placed before you to sign during the "orientation" process- are actually illegal in nature- especially since you're not free to NOT sign them- it's call "duress" -- one great way to get sent home from "orientation" is to request/demand a copy of these documents--- by law, any form you sign with you signature- you are entitled to a copy. But, as these "authorizations" are usually "illegal"-- you'll probably be sent home-- if you make a request like that.

    It's all part of the "scare" them silly-- into behaving --process.

  12. #12
    GMAN's Avatar
    GMAN is offline Administrator Board Icon GMAN is a distinguished poster and probably helps little old ladies across the street. GMAN is a distinguished poster and probably helps little old ladies across the street. GMAN is a distinguished poster and probably helps little old ladies across the street. GMAN is a distinguished poster and probably helps little old ladies across the street.
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    Most carriers are going to abide by the laws in their home state. It is up to the employee to read any contract before signing. If you don't agree with the terms of the contract then you are free to either make necessary changes, sign as written or walk away. If the company states that the contract are a condition of employment it isn't duress. It is a condition of employment. You are technically not an employee until you sign the documents. Now, after you are employed it could be considered duress if your company requires you to sign a contract or amendment to a contract, depending on the circumstances.

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