Trucking company Forsage has been hit with a class action lawsuit accusing the company of allegedly improperly classifying its drivers as independent contractors and allegedly taking excessive deductions from their pay.
The plaintiffs also accuse Forsage of failing to return drivers' escrow funds.
The lawsuit was filed Feb. 7 in Cook County Circuit Court by drivers Shyheim Capers and Devante Covington against the company and its owner Vadim Savca.
According to the complaint, the plaintiffs allege that the company designated them as independent contractors, even though the drivers drove trucks bearing the Forsage logo and could only earn money if they accepted loads distributed by Forsage.
Further, the complaint asserts the company would deduct hundreds of dollars from their pay to hold in special escrow accounts, allegedly to cover insurance and other costs.
However, the complaint claims the company refused to return those funds, sometimes totaling thousands of dollars, when the drivers quit and requested the refund.
According to the complaint, the alleged violations fall under the Illinois Wage Payment and Collections Act and include breach of contract, conversion, unjust enrichment and promissory estoppel.
The plaintiffs are seeking to expand the action to include a class of others who worked as drivers for Forsage.
They are seeking money damages, including actual damages and statutory damages of 2% or 5% of the amount of underpayments for each month following the date of which wage payments were allegedly due and not paid.
The plaintiffs are represented by attorneys Patrick Cowlin, John Kunze and Martin Stainthorp, of the firm of Fish Potter Bolaños P.C., of Chicago.