Legal Question in Employment Law in Maryland

My husband is employed as a long haul tractor trailer driver in the state of Maryland. He is not technically an employee as he receives a 1099 for wages. However, he is not under a subcontractor agreement. He has been paid lump sum per round trip and now has been told the truck is being sold and his former "boss" is not going to pay him for his last trip and is certain that the law can do nothing to help us or that the almost 4,000 he is owed can never be sued for since we are broke. Some of this money is for the actual pay due for each trip and some is reimbursements for equipment that we have not received. I have recently been diagnosed with MS and this man is sure without money - nobody will help us and he is confident he is in the clear on this.

Are their regulations regarding this type of employment and what are they categorized under? Also, is this a contract issue even if there is no written contract? My husband was just told he has no job, is not getting paid and the man is keeping not only the equipment he will not reimburse for but all of my husbands personal belongings and equipment owned by him; such as his CB, Television, etc. and he told us that without any money - we have no chance of getting any legal help and he has to look out for #1 (himself). Meanwhile my two small children still need the food and shelter that this job's wages provided for them.

NOTE: WE LIVE IN WEST VIRGINIA AND THE WORK WAS DONE FOR A COMPANY OUT OF MARYLAND STATE.

IF ANYONE HAS ANY INFORMATION THAT MIGHT HELP US - IT WOULD BE TREMENDOUSLY APPRECIATED!!


Asked on 2/16/11, 2:41 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

Your husband doesn't need regulations. Ya'll need to understand that this is a breach of contract case, plain and simple. Your husband contracted (it doesn't matter whether you call it an independent contractor or employee) to drive a truck and to be paid in return for said services. The other party has not paid him for said services and other things. BREACH OF CONTRACT. If you cannot afford an attorney for a day in small claims court, go down to the small claims clerk of the court's office and ask for help in filing a "Complaint" (a fancy word for a lawsuit). Most of the time, the clerks are pretty helpful. You will basically be given a form in which to write down your story and then you show up at the hearing and offer receipts, contracts, etc., as proof of what was owed. You can also call the boss to the stand and cross examine him, under oath, as to why he didn't pay up. DON'T BE INTIMIDATED. You will have to use the court system to get your money.

Best of luck.******The above is for informational purposes and does not create an attorney-client privilege.********

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Answered on 2/16/11, 5:59 pm


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