I am a log truck driver and wildland firefighter in northern Idaho, for the last 2 seasons I worked with a logging company as a company driver... This spring I was offered from my fire contractor to have a log truck bought for me to drive on the stipulation the pay would be the same, 33% of what the truck makes, and I would be available to fight fires for him. Which is great because I could finally do both fires and have a full time driving job when I come back. We started off the season with an early early fire at the beginning of May right after he purchased the truck from about 600 miles away, I never got to put my input into buying the truck as I was unavailable for the trip to look at it and he has never driven log truck himself so he did not know what to look for, I believe he just got the cheapest truck possible in hopes of upgrading it in the future after it paid itself off. He owns 2 other highway trucks so I figured he would be able to handle himself ok and I think he did alright for the amount paid. Jumping back to after the early May fire, I work for him getting the truck ready for a whole week driving 50 miles round trip everyday to help him work which I did not get paid.
I start driving the truck and everything is going okay, it's a lot different than the other trucks I have driven in the past because it's a little dated and the rigging is set up for the coast. Heavier wetter wood on the coast, different style scales, and a few other things different but I am making it work and doing as best as I can with it. The log loader and company we our contracted to are both happy with my enthusiasm and as far as I know have no complaints about me as a worker for them. The season starts out wet and muddy, hard to haul when you can't steer or go up hills and the land owner doesn't want us destroying the roads so we lose quite a few days. Jump forward to my first paycheck and it is the lowest check I have ever received hauling logs $1050 for 2 weeks worth of work, only about 7 days of work but wow I was amazed and kind of worried about paying my bills after being laid off for mud season for 3 months. But I do my best to budget and figure out what I can put off until my next check, I kind of am suspicious at this point about the pay because normally I get 250-350 a day on average.. I continue on in hopes that my next check will be a little better, we are still having rainy days but it's drying out pretty fast and I think it's going A LOT better. I get my 2nd check and it is even worse, $850, and I straight up looked at the check and said to the owner that I cannot afford to work for such a low wage. I can't understand how I am getting paid so little for what I am doing as I have 2 previous seasons doing the same job. I drive away and get text when I get home, him asking if this means that I am not going to be driving the next day. I respond with pictures of how much the truck I drove for previously was making every 2 week period, $6,000 and $9,000 more in some cases. So I tell him to talk to the logging company to see why the heck the pay is so little.
At this point I am considering leaving, I feel bad about it because I have known my boss for 4 years and he has been a good mentor to me in terms of how to handle business and people and money at least I think so as he is fairly successful. And he bought this truck specifically to keep me on for fires. So I suck it up and run 2 more weeks until I am supposed to get my next paycheck and decide at this point after thinking about it for a long time that I need to stop now or I am not going to be able to pay my bills or feed my family, I am borrowing money from my family just to get by, not even make ends meet. My bills are overdue and I just can't keep doing it when I can work anywhere else doing the same job for significantly more pay. I finally figured out what was happening to my pay after talking about it with the logging company and he is taking 66% of the pay I am supposed to be getting, literally theft of about $4,000 from me over the 2 months I work for him. I'm getting a 33% of 33%.. So the Friday before 3rd payday I drop the truck off and take all of my equipment with me and leave him a note that I can't work for what he is paying. I already have a job lined up with the company we were contracted to, to run one of their company trucks. I figure everything will work out from here for me, my family comes first, 2 daughters, 1 and 2.
Cue sunday before payday, last week, I get a text asking if I'm coming to pick up the truck after I have gone to sleep, usually by 1800 as I wake up to work between 2330 and 0100. I don't even check my phone until I drive 1h30m to the job where there is no service way out in the forest. I get back to town and figure by this time he gets the hint that I'm not coming back, I ignore his text until I am done in the afternoon around 1600. He texts me again around 1700 and ask me to bring some of the fire PPE that I have and I am happy to oblige I say okay I'm on my way over have my check ready for me. I go drop the stuff he wanted and he doesn't have a check, says he didn't paid by the company which I can understand I'll just come back Tuesday. I leave his house and call the owner of the company I work for now and ask him about them sending out pay and he says absolutely they sent it out first thing in the morning as per usual. Whatever. I go to work the next day and get done and try to call my old employer about pay and receive no answer so I text and ask if he got paid, he claims again that it hasn't arrived yet. So I tell him to sort it out please, he only lives 15.0 miles from the company and he can easily drive over and figure it out. I leave it at that. Wednesday comes and he ignores me trying to contact him until 2000 when I finally push a button for him about integrity and not answering me. He ADMITS that he is making 66% more than I am and he's upset that because I didn't drive monday he missed out on $600. I acknowledge and wait til the next day to see if he musters up the courage to pay me for my labor. Thursday comes and still no contact, I make up my mind that I need to take action against him legally because I don't think he's going to pay me and definitely not what wage I agreed to. I called the dept of labor and ask them what to do about it and they tell me to draft a letter to give him the opportunity to pay me but to mail it, it's already 1600 and the PO closes in 30 minutes and I decide I can't possibly draft a letter and mail it out in time. So I rush to the bank to get copies of the checks I have deposited from him as an evidence of sort, go home and try to call, every hour or two until it's time for me to go to bed. I can't sleep so I get up and write the letter and work on researching until it's 2100, finally print out my letter and get postage on it. 2h sleep then work. Wife mails it out on friday and wait, 2 full business days need to go by with no pay before I can take the next step, file a wage claim, which is today.
I call dept of labor and ask and they say I make the claim with supporting evidence? And my employer has 14 days to pay me or file a dispute against me. I'm like what the hell, at this point it's $6,000+ that I am owed and I have to wait 14 days?? I called an attorney and gave them what information I could but I want to know if anyone else has been in a similar situation or can give me any advice how to proceed. I have not filed wage claim because I read that if you file a wage claim you give up your ability to file a civil complaint and sue for wages in court. Part of me believes I am better off letting a government organization straighten this out but I also am a firm believer in setting people straight on their bad behaviour and making an example for others.
- I also want to note that I got a job offer from my old company (2 yrs with them) after I accepted to drive for the company I am working for now and would prefer to work for them but don't want to upset the company I am working for now by quitting, because this is my second week. But I don't like the truck, I'm tall and cramped, it has too much power I feel like I am going to kill myself in it which I have never felt previously. This company is disorganized, has 3x the paperwork, and pays less. My old company was simple, enjoyable to work for, organized shop, great mechanics for repairs, closer to home, pay at midnight. I feel like inevitably I will quit in the future just to go back to work for the old company, should I just go now while a position is available for me and cause my life? or stay unhappy in a position where I feel like my personal integrity has been broken and I am the effect of my poor decisions.
TLDR: Drop great job, get new job for "friend" and get screwed out of thousands of dollars, quit and boss withholds wages and ignores me. What do.
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