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TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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I am an OTR commercial Driver with over 23 years experience.

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I am an OTR commercial Driver with over 23 years experience. I started working for E. L. HENDERSON Trucking last November. I have all the documents that show they are stealing money from my paycheck every single week. I also have 2 direct deposits. The first one is for $75.00 to be sent to Wells Fargo Bank (for my ex-wife, Norma R. Jordan) and the remainder is to be sent to Bank Of America to my checking account (Wayne A. Jordan). My paystubs are showing an 80 to 95% of deductions EVERY SINGLE WEEK. None of the numbers add up. Which leaves me to believe that are indeed skimming the til... I would like to know please How I can go about requesting a through INVESTIGATION within the Companies Payroll DEPT. I would also like to know if I have a legal right to sue this Company for Embezzlement? And to press charges on whoever is involved in this scandal. This is a very large trucking Company with over 2,000 trucks on the road... I wonder how many Drivers their stealing from??? And Lastly can you please recommend a GREAT LAWYER with the courage to take on a huge Company like Henderson?
Hi,

Thank you for your question.

First, before I give you recommendations on how to proceed, I need a little more information. Can you please answer the following questions:

1. Are you an independent contractor (owner/operator) or an employee?

2. Does the company take out payroll taxes from your check?

3. What is the rate of pay that you were promised?

4. Have you asked anyone at the company why there are deductions on your check?

5. How long has this been going on?
Customer: replied 3 years ago.


1) I am a Company driver.


 


2) Yes , they are taking our FED, FICA-S, FICA-M, AZ State (which is where I live). They also take out for Med, Dent, Life Insurance (which I never signed up for in the first place the life insurance., they also take out MISC. CLIE (?) and Pay ADVANCES.


 


3)I get 0.38 cents per mile. with per diem


4)No-one that I have talked to are having as many deductions as I show on my Paystub.


5)This has been going on since I came to work here. At one point I discussed it with payroll and it seemed to help but it soon went back... I get paid weekly. My total earnings for the week of June 1st thru June 6th. were $1190.92 My TOTAL DEDUCTIONS for the week were $913.78, and the amount that went into my Bank Account this morning was: $411.38 plus $75.00 that went to my exwife. They claim that I got an $80.00 advance last week but I have the receipt that shows I only got a $55.00 advance...

Thanks for your response.

It sounds to me that you need to communicate more with your employer before thinking of throwing around claims of embezzlement.

Do you have a supervisor or manager that you can ask about what these deductions are for?

You say you talked to payroll. What did they tell you?
Customer: replied 3 years ago.


In this Company Management doesn't know much about payroll and as far as payroll I have spoken to them many times and asked about these deductions but they play dumb and blow it off. Yesterday for example I called them about the advance and they flat out lied to me saying that they had a copy of the receipt right in front of them that shows that I took out an $80.00 advance (last week) but I have the receipt the original receipt that shows I only took out $55.00. But if you feel that I don't have a good case??? Then I'll likely pack everything up and send it to the Illinois Labor Board and also to the Circuit Court and ask them Investigate the Company...

I am not saying you don't have a good case. In fact, if you haven't been paid what you are owed, then you have a great case! Especially if no one at your company is explaining to you what these deductions from you paycheck are!

But you need to understand what kind of case you have. You do not have an embezzlement case, you have an unpaid wages case. If someone is embezzling out of your paycheck, then the claim for the embezzlement would belong to the company against the person embezzling.

You have a claim against the company for unpaid wages only. What I suggest you do is file this claim with the Illinois Labor Board, as you previously mentioned. If Company Management will not assist you and you have already reported the short payments to payroll and your management, then filing an unpaid wage claim with the state is really your best option. The complaint information may be found at: http://www.illinois.gov/idol/Pages/Complaints.aspx

You may also file the claim in the Circuit Court and seek penalties for yourself. However, you would need a lawyer to do this, as the Court does not investigate a claim for you. You as a legal party must conduct your own investigation through the process of what is called "discovery".

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN


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