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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19168
Experience:  Employment/Labor Law Litigation
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I need to get paid by my trucking company.Havent been paid

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I need to get paid by my trucking company.Haven't been paid in 2weeks.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Are you independent contractors or employees of this trucking company?
Customer: replied 3 years ago.

Company drivers

I'm sorry. That term may have a specific meaning for you, but it doesn't for me.

When you say "company driver" do you mean that you are an actual employee of that company, in that you are on a W2 and they withhold your taxes?

Or are you an independent contractor paid on 1099?
Customer: replied 3 years ago.


yes.actual employee that company takes out taxes. we receive a w-2

Perfect. Thank you.

There is a big difference in how the law treats wage payment issues for employees and contractors. Contractors are basically told, "go sue them for breach of contract, you're on your own."

However, employees have the Department of Labor that can assist you. You can file a wage claim with the Tennessee DOL for free. You don't need an attorney. The state will investigate, force the employer to pay you properly and even fine them for the offense.

Filing with the DOL is a protected activity, so you can't legally be retaliated against by the employer.

http://www.tn.gov/labor-wfd/faq_laws.shtml

You can read some of their legal FAQ's there and find a link to contact them to file your wage claim.
Customer: replied 3 years ago.


The company I work for is in Indiana.Do I file with Indiana or here in TN?

Ok. Sorry. You posted Tennessee as your location.

If you are paid in Tennessee and your taxes go to Tennessee, you can technically file in Tennessee. The employer, by employing you from your state of residence, has made themselves subject to that jurisdiction.

You can also try filing in Indiana, but they look to see that the work was performed in Indiana. They may be willing to take the claim because the employer is in that state, but they are less likely to take it than Tennessee.
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