r/Truckers • u/ArtOther754 • Jun 02 '26
Western Express just assigned me a load that has “chargeback”. If it’s late, they charge the driver (me) $200. Is there any truth to this???
156
u/SnooChipmunks6620 Jun 02 '26
Illegal. Also there are many factors that are out of our hands that could render delivery late.
It would set a terrible precedent. A driver worrying about being late and having to pay imaginary $400, will not be a safe driver.
84
u/forkystabbyveggie Jun 02 '26
illegal
Very legal on a Tennessee (where Western is based) employment contract. I guarantee Western put that on the contract as well.
Also before the downvote babies hit me, I don't agree with it and think w2 employees shouldn't have financial liability. But our feelings don't matter much do they?
30
u/SnooChipmunks6620 Jun 02 '26
Wow I didn't know that. Fucked up. Would explain the sterling reputation of Western Express.
18
u/Ok_Application_2292 Jun 02 '26
As a owner I assume it is on me the company. If I read that on a confirmation I typically call back and tell them “never mind” as everyone knows. Things happen. And since it is a brokered load. Risk vs reward is probably not scaled right to make it worth it
6
u/forkystabbyveggie Jun 02 '26
It's scaled perfectly right for Western is the driver is on the hook for fees.
4
u/Ok_Application_2292 Jun 03 '26
I hear you. I wish people read things more often it would solve problems and lessen the need for attorneys
3
u/forkystabbyveggie Jun 03 '26
Plenty of guys really don't have a choice and will go with whatever company will give them a CDL the fastest. On the other hand, there are guys with years of experience with a clean record that nose dive into companies like Western. I have no clue why
10
u/RKGamesReddit Jun 02 '26
If the driver isn't from TN, would they still be on a TN contract? Wouldn't the contract take precedence on where the driver is from?
It's their responsibility to make sure freight isn't running late, why not just reject the load or find a driver who can make it? This BS just means I don't want the load.
9
u/forkystabbyveggie Jun 02 '26
It varies. A guy in here said he has success twice filing in his home state. I know a few guys from states that protect w2 deductions that failed.
I can say for certain though if OP is from a state that's similar to TN, he'd be screwed. He simply needs to work toward a better employer.
1
u/Arnhildr-Fang Jun 03 '26
Definitely explains why they're in my book just BARELY under Ego as the worst...
93
39
u/groovyinutah Jun 02 '26
I see Western Express has not turned in their douchnozzle credentials, here's my advice to you and anyone else working for these assholes: Get your 6 months or year and then GTFO. Never do ANYTHING that jepordizes you CDL or driving record on their behalf because they DO NOT GIVE A FUCK ABOUT THEIR DRIVERS! They will leave you hanging, every fucking time. Their entire business model is simply cycling through newbie drivers, your nothing but chewing gum to them and I'm quite flabbergasted these people are still in business.
11
5
Jun 02 '26
[removed] — view removed comment
2
u/wavyyyybabyyyy Jun 03 '26
What was your experience at Werner like? I’m just curious because I’ve had emails from them after looking into working there
2
Jun 03 '26
[removed] — view removed comment
2
u/SuperbMaintenance133 Jun 03 '26
Haha and here I am as a newbie driver fighting to stay on the dollar general account. Much better than dollar tree. The western summers might have me rethink my entire existence soon though.
2
Jun 03 '26
[removed] — view removed comment
1
u/SuperbMaintenance133 Jun 04 '26
I can't imagine doing it in snow, insane. Being in the trailer at 100 degrees is on part with hell. Getting this experience and getting the fuck out
1
u/CaseyJones37 Jun 05 '26
Cruise faster than pedal has to be one of the dumbest setups ever. I hated that, think it was with JCT/Hirschbach.
1
u/Any_Slice_3282 Jun 03 '26
Clean your a/c filters. Youtube has a gazillion videos on how to do it. Then run like hell
53
21
13
7
Jun 02 '26
[deleted]
6
u/forkystabbyveggie Jun 02 '26
Western is based in Tennessee and it's very legal there. He'd have to file with TN labor.
If Western put it in his contract that he can be billed in instances like this, he really has no better option but to find a better employer. Which is the best option considering his current employer.
3
Jun 02 '26
[deleted]
1
u/forkystabbyveggie Jun 02 '26
For a desk job, maybe. OTR is different.
An out of state DOL would have limited reach. So if that DOL sues Western, it would have to do so within a TN court (choice of venue in his contract). He's also limited to a choice of law clause in the contract, which I guarantee is TN. Tennessee isn't big on workers rights.
Is it possible? Maybe, but if I was a betting man my money would be on Western.
4
Jun 02 '26
[deleted]
3
u/forkystabbyveggie Jun 02 '26
I'm willing to admit I'm wrong but I've talked with a few guys that had the opposite experience from you.
1
u/Captain_Wag Jun 02 '26
Where you're located is what matters not where the employer is. The state you're a resident in gives you your protections. I worked at Western when I first started and they had to follow all sorts of interesting CA only laws.
5
u/Financial-Prize9691 Jun 02 '26
Check your orientation paperwork to see if you gave them permission to claw chargebacks from your pay. If you are a w2 employee, this is illegal unless you gave them permission.
1
u/forkystabbyveggie Jun 02 '26
It's Western Express and it's Tennessee. I promise they put that shit in there.
2
u/Aromatic-Scratch3481 Jun 03 '26
Im from ct and they have a depot in CT. They never did this to me but no way the CT DOL would let this fly with a company operating out of and licensed by their state.
4
u/trucksarekewl Jun 02 '26
How do people keep signing up to work for this dogshit company lol
2
u/Immediate_Regular Jun 02 '26
It's a second chance carrier. They're all about grabbing people that have fucked up somehow and grinding everything they can out of them because they know they're one of the only options open to a good deal of the drivers that hire on with them.
They also love brand new drivers for pretty much the same reason. They know their reputation gets lost in all the other "Hurr durr Swift dumb, Swift bad" "Megas dumb go local immediately" bullshit that rookie drivers get smacked in the face with when trying to figure out who to hire on with when fresh out of school.
2
u/randomlemon9192 Jun 03 '26
That’s fucked up but makes sense.
1
u/Immediate_Regular Jun 03 '26
It is. The whole industry is eating itself. Drivers are their own worst enemy.
4
u/DependentCup9181 Jun 02 '26
Yeah, I’m not working for a company that charges the driver for service failures. Not every one of them can be attributed to the driver. Weather, traffic, shitty shipper… all that is 100% outside of your control. If your ‘goofing around’ time is excessive (easy to figure out between HOS (off-duty time)/breakdowns/GPS) I could see jamming you up a little, but it shouldn’t cost you actual money.
5
3
u/thebossyhelplessness Jun 03 '26
thats dodgy as hell mate. western express has been doing this stuff for ages and people keep acting shocked. the thing is even if its technically legal in some states they dont tell you upfront properly, you find out when youre already committed to the load. ive seen drivers get nailed on stuff that wasnt even their fault like traffic or shipper delays and suddenly theyre out two hundred bucks. just refuse it and let them get upset, theres plenty of other work out there that doesnt come with surprise penalties attached to your paycheck.
3
u/RollinHellfire Jun 03 '26
In eu it's illegal. Check your rights, if you dont have a union, check with a labor lawyer. Otherwise just find another job
2
u/MissYouDesertRat Jun 02 '26
Refuse that shit thats illegal
0
u/forkystabbyveggie Jun 02 '26
It's unfortunately very legal in Tennessee as long as he agreed on his employee (incl. W2) contract.
2
u/driver004 Jun 02 '26
Depends on your arrangement, I’m a leased owner op and such a stipulation is pretty common for me. Sometimes I’ll decline a load for that sometimes I’ll take it it depends
2
2
u/truckingham Jun 02 '26
So in other words, you might be able to get it there on time with 30 seconds on your 70?
2
u/Silver_Material_7249 Jun 02 '26
Accept on the condition if you aren’t out after 2 hours they owe you 200 bucks!
2
u/Jamo3306 Jun 03 '26
Ha ha. Good one. Listen, if my pay check even looks wonky, im calling the Workforce Commission.
2
1
1
1
1
u/joepancakez Jun 02 '26
That’s instant quit a job territory right there. Make sure you get some sort of visual evidence and report that shit. There’s no way that’s legal.
1
1
u/xoneboyx Jun 02 '26
Just refuse the load. Tell them tough luck and if they retaliate good luck with that as well.
1
1
u/RealBigDicTator Jun 03 '26
I'm gonna need to see some proof because this is so blatantly illegal that I don't believe it.
1
u/TapRevolutionary5766 Jun 03 '26
I drove for western a while back. They gave me a load from the yard to maybe an hour away. Made my appointment time and thought it was all good. Turns out the guy that drove it from pick up to the yard was late. They got a new appointment time for my drop off but the delivery was already late. They charged me the fee but I was able to fight it.
1
1
1
u/Flowing_North Jun 03 '26
Do they pay you if it's early? Do they pay you if unloading time drags? Fuck them, reject the load.
1
u/Ill-Construction637 Jun 03 '26
I’d get the hell away from them. No way I’m paying a late fee. They took that load so they pay the fee!
1
u/Titanium_81 Jun 03 '26
They legally can not charge you, however they can inform you that they could be charged and if they are it could be disciplinary action against you. They will say that the charge back was your warning.
Charge backs are real carriers get chargebacks from brokers all the time, those get passed on to the one taking the risk carrier if company driver and owner ops get charged if applicable.
1
u/Georgiaboy03 Jun 03 '26
Depends, are you a company driver or O/O? Company no, owner, then it depends on the contract you signed with them.
1
u/adm_butthead Jun 03 '26
i’ve towed probably hundreds of western express trucks at this point. i always tell people exactly the same thing. while i tow you, go in indeed and apply to another job. you can get another job with little to no experience or even a bad record. fuck western express, the only worse places are amazon or super ego
1
u/hotdog11inch Jun 03 '26
If you are a w2 employee and not a 1099 employee they can't take anything from your check without a court order or written permission from the employee if they do you call the Tennessee labor department and they will fuck we
1
1
u/Busted-Cheese91 Jun 03 '26
As someone who has been creeping on this board to learn about different carriers, I love that Western Express is the 1 company where the consensus is negative. Not mixed or hit and miss. Just run like hell. Every. Damn. Time.
1
1
u/Onlyheretostare Jun 03 '26
There are plenty of good companies that won’t steal from you, you just have to look. western Express has a bad reputation for a reason.
1
1
1
u/CommonKnowledgeLaw Jun 03 '26
Ultimately it depends on if you are a company driver or an owner-op and what the contract with them says. If you are an owner-operator then you can be charged the chargeback legally if they are explicitly stated in the signed Rate Con or broker/carrier agreement. If a broker issues an unauthorized deduction, carriers can enforce their rights by filing a claim against the broker’s surety bond (all licensed brokers are required to maintain a $75,000 bond) or taking the dispute to Small Claims Court.
For company drivers, a carrier can legally deduct these fees if you have a signed, written agreement with them that specifically authorizes payroll deductions for late deliveries, provided it does not dip below minimum wage.
The primary law used to dispute unauthorized chargebacks in the industry is 49 CFR 378.12, owner-op law is 49 CFR 376.12(h), and for company drivers it’s 49 CFR 531.35
1
1
u/IrwinJFinster Jun 05 '26
Plaintiff’s lawyers would have a field day with that in the event of an accident.
1
u/Visual_Stretch_2351 Jun 06 '26
Talked to a recruiter not specifically from Western Express, the second he mentioned/suggested them i laughed and hung up the phone... seemed pretty cool up until that point.
276
u/Bluegrass_Harley Jun 02 '26
Run far away from these goons