A new federal lawsuit is putting Kroger and three major trucking companies under a bright light after former Quickway Transportation drivers accused them of working together to block those drivers from getting hired after Quickway shut down.
The case was filed April 2 in the U.S. District Court for the Southern District of Ohio by Dan Cheatham, Brian Kuhn, and Eric Cabler. The defendants listed in the case are The Kroger Co., Werner Trucking Company, Swift Transportation Services, LLC, and U.S. Xpress Enterprises, Inc.
According to reporting on the complaint, the three former Quickway drivers say Kroger and the carriers effectively blackballed ex-Quickway drivers after the company closed. The suit claims the drivers applied for jobs with some combination of Werner, Swift, and U.S. Xpress, met the qualifications, and still were not hired. It also alleges the drivers were told there was a “gentlemen’s agreement” and that the hiring restriction “came from the top.”
The case centers on Quickway Transportation, which had been handling Kroger freight before shutting down. Quickway Transportation and related affiliates filed for Chapter 11 bankruptcy in February. In the new lawsuit, the plaintiffs claim Kroger replaced Quickway’s transportation services by entering new dedicated carrier agreements with Werner, Swift, and U.S. Xpress, while also making clear that former Quickway drivers were not to be hired.
The legal theory behind the case is serious. The complaint was filed under the Sherman Act, and the drivers are seeking class-action status. The plaintiffs are arguing that an alleged no-hire arrangement unlawfully restrained competition in the labor market and cost former Quickway drivers jobs, wages, and future earning potential.
More than 100 former Quickway drivers could fall into any potential class. The plaintiffs are alleging an overarching agreement among Kroger, Werner, Swift, and U.S. Xpress not to hire former Quickway drivers. The complaint also says the affected routes were mainly tied to former Quickway operations in Shelbyville, Indiana, and Lynchburg, Virginia.
None of that means the plaintiffs have proved their case. At this stage, these are allegations in a newly filed lawsuit, and the defendants will have their chance to respond. But the accusations are strong enough on their own to make this a story worth watching closely, especially because they touch on a subject drivers know well: what happens after a carrier folds and drivers need to land somewhere fast.
If the allegations hold up, the fallout could go beyond one shipper and three carriers. A case like this would raise bigger questions about how replacement carrier deals are handled after a contractor collapse, what role shippers can play in driver hiring decisions, and whether former employees of a failed carrier were unfairly boxed out of the next round of freight.
For now, the main takeaway is simple. Three former drivers have taken a fight against Kroger, Werner, Swift, and U.S. Xpress into federal court, and they are accusing the companies of cutting them out of work after Quickway went under. With major names involved and antitrust claims on the table, this one has the potential to become one of the more closely watched trucking labor cases of the year.
The case was filed April 2 in the U.S. District Court for the Southern District of Ohio by Dan Cheatham, Brian Kuhn, and Eric Cabler. The defendants listed in the case are The Kroger Co., Werner Trucking Company, Swift Transportation Services, LLC, and U.S. Xpress Enterprises, Inc.
According to reporting on the complaint, the three former Quickway drivers say Kroger and the carriers effectively blackballed ex-Quickway drivers after the company closed. The suit claims the drivers applied for jobs with some combination of Werner, Swift, and U.S. Xpress, met the qualifications, and still were not hired. It also alleges the drivers were told there was a “gentlemen’s agreement” and that the hiring restriction “came from the top.”
The case centers on Quickway Transportation, which had been handling Kroger freight before shutting down. Quickway Transportation and related affiliates filed for Chapter 11 bankruptcy in February. In the new lawsuit, the plaintiffs claim Kroger replaced Quickway’s transportation services by entering new dedicated carrier agreements with Werner, Swift, and U.S. Xpress, while also making clear that former Quickway drivers were not to be hired.
The legal theory behind the case is serious. The complaint was filed under the Sherman Act, and the drivers are seeking class-action status. The plaintiffs are arguing that an alleged no-hire arrangement unlawfully restrained competition in the labor market and cost former Quickway drivers jobs, wages, and future earning potential.
More than 100 former Quickway drivers could fall into any potential class. The plaintiffs are alleging an overarching agreement among Kroger, Werner, Swift, and U.S. Xpress not to hire former Quickway drivers. The complaint also says the affected routes were mainly tied to former Quickway operations in Shelbyville, Indiana, and Lynchburg, Virginia.
None of that means the plaintiffs have proved their case. At this stage, these are allegations in a newly filed lawsuit, and the defendants will have their chance to respond. But the accusations are strong enough on their own to make this a story worth watching closely, especially because they touch on a subject drivers know well: what happens after a carrier folds and drivers need to land somewhere fast.
If the allegations hold up, the fallout could go beyond one shipper and three carriers. A case like this would raise bigger questions about how replacement carrier deals are handled after a contractor collapse, what role shippers can play in driver hiring decisions, and whether former employees of a failed carrier were unfairly boxed out of the next round of freight.
For now, the main takeaway is simple. Three former drivers have taken a fight against Kroger, Werner, Swift, and U.S. Xpress into federal court, and they are accusing the companies of cutting them out of work after Quickway went under. With major names involved and antitrust claims on the table, this one has the potential to become one of the more closely watched trucking labor cases of the year.
