What to do ifI am not making the earnings that were stated in my contract?
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What to do ifI am not making the earnings that were stated in my contract?
I am a truck driver and am under a contract that pays for my CDL licensing. My contract states that I will earn 40k in the first year. However, I am at 21k for 9 months of employment. I also have been in shops for mechanical repairs about as much as I have been driving down the road. I have not made a single penny in profit in the past 2 months in order to support my family. Do I have any kind of case?
Asked on September 21, 2011 under Employment Labor Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You MAY have a case--it depends on what, exactly, the contract says. For example, if it says that you will gross $40k in 12 months, then at the end of 12 months (not before; you'd have to give it the full year) you have grossed less than $40k, you may be able to sue for the difference. The problem is, as a contract, it's enforceable based precisely on what it says, so if what it says is not favorable to you, you may not have recourse. For example:
* Say that it says you will gross $40k and you do in fact gross $40k over 12 months; even if you net $0 because of costs, repairs, fuel, etc., if the contract only addressed gross revenue, not net, they would be in compliance.
* If the contract said you would gross $40k if you did a certain number of runs, trips, worked a certain amount of hours, etc. and you did not, then since you did not meet your obligations, the company is at fault or liable.
Since the exact language of the contract is so critical, you should bring it to an attorney to review.
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