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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10221
Experience:  Civil litigation attorney for individuals and businesses.
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We are owner operators and the company we are contracted out

Customer Question

We are owner operators and the company we are contracted out to doesn't disclose what they make. Is that an requirement when they pay for he loads to make sure we are getting our correct portion of a load? Also they don't disclose how much they make on fuel surcharge is that required?
Submitted: 6 months ago.
Category: Legal
Expert:  CalAttorney2 replied 6 months ago.
Dear Customer,This really depends on your contract with the carrier that you are contracted with.In general, the company has no obligation to disclose their contracted fees to any third party.However, if your compensation under the terms of the contract is based on the actual compensation being received by the prime carrier (so your contract says you are paid a percentage of what they are paid), you can make an argument that you are entitled to more information.If you believe that the carrier is not paying you the full contracted value, you can sue them in court, and during the "discovery" phase of the litigation you could get more information from them using different tools (such as "requests for production of documents" "interrogatories" and "depositions"). Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.