I sure wished you had been around back then...I did everything I could think of to prepare for the case...I worried about the clause from the very beginning but the attorney's weren't too concerned about it...Actually, TTW, I just looked up the definition of "contract" in Black's Law Dictionary.
If your atty had done the same, he might not have lost that case.......
Wow, starting to sound like that wouldn't have done much good. They were either very naive or just figured that the company would settle out of court for some money. those lawyers don't put clauses in there just to waste ink and paper.I sure wished you had been around back then...I did everything I could think of to prepare for the case...I worried about the clause from the very beginning but the attorney's weren't too concerned about it...
Well said boot's...I don't think it has much to do with seeing how thickskinned someone is for trucking. I think it has more to do with the trucking companies have gotten away with this type of treatment towards their drivers for so many years. It is difficult to stand up to them when they have the big money and you need your job. They know that. Sean try to find a smaller company that will work with you on your experience. They are few and far between but they are out there.
It is difficult when a company is feeding you poop and telling you to like it! It doesn't mean that driving truck isn't for you, it means that you need to find a better company.
I'm gonna have to agree with Patty on this one.
Oh my goodness u actually agree with me! im shocked think ill print this and frame it when i get home lol just messen with ya larry lol
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Sean i apologize if my reply offended u i didnt mean too youre making it clear to me youre not going to make it in the trucking industry u want everything your way youre too soft for the industry
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Oh i do not have issues with your outspoken demeaner im the same way and far worse at times but u cant take alittle constructive criticism especially from the veteran drivers also i thank you for calling me a road warrior i consider that a compliment i never thought of myself that way sean when iwas with werner it was the same way swapping splitting getting sent to term and stuck ther for days till mechanics decide its time to actually work i dont see how werner is illegal that paperless tells different and dot does audits thats one of the most legal companies in the industry i tell u one thing my friend youll find out later on down the road if u last in the industry and go strickly by the book youll be lucky if u make 300 a week and thats be4 taxes im at the cust right now waiting for them to get here u dont think ill put myself on line 4 do u just because i cant drop trl and go somewherer as fafr as the paperless goes u knew werner had paperlea be4 u started there
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Sean, I can understand your anger and frustation...We've been there ourselves before...The reason things are the way they are in this industry is because people except it as being this way (no offense intended towards anyone).....
My husband started out driving for someone and decided to become an o/o..So we bought a truck and he leased onto a company....We found out REAL QUICK that they did not pay by their contract...There were so many ways they we cheating people on miles and pay it was redicilous...We got angry and decided to fight back....I contacted several attorney's and asked them if they would take the case on contigency...I finally found one that I peeked his interest...We met with several atty's in the office taking in maps and paper work and laying it all out for them...I got enough drivers together from the company to file a class action against them....
The attorney's were so excited because they said "that not only were they not paying by the contract BUT they were commiting FRAUD when they hire a new driver becasue they have no intentions of honoring the contract"...We went to court 3 times and in the end we lost due to a clause in the contract that read "If either party breaches the contract, the contract becomes null and void"....
Our attorney's apologized over and over to us saying "we got screwed and we had a good case against the company"...
I'm not much on sitting back and excepting things either...He has been leased to the company now for the last 8 or 9 years...We have had our issues with them and so have the other drivers...I've contacted the OWNER of the company twice and had 2 dispatchers fired.....I figured if he got fired we had nothing to loose, plus I'm only gonna take so much before I HAVE to speak my mind.....I've alway's said "I might go down, but I WON'T go down without a fight"...
That was clever to the point of being evil.
In essence, there never was a contract, in the sense that most people view a contract - a binding agreement.
That agreement has no bonds or consequences for breaking those "bonds."
It would take a VERY clever lawyer to beat that one. One who could document the history of contracts and the law. One who could prove that while this clause did not violate the letter of the law, it violated the "spirit" of the law - either violation is arguable, but most lawyers only concentrate on the "letter."
It's too bad I didn't know you when this was going on. I could have "schooled" your lawyer on how to win that one.
Oh well.
That leads us back to the point on the previous pages.
When you get beat out of something, whether fair or not, sometimes you have to let it go. You don't have to forget, you can warn those that come after, but to make a success of what's left of your life, you have to go forward.
I don't think it has much to do with seeing how thickskinned someone is for trucking. I think it has more to do with the trucking companies have gotten away with this type of treatment towards their drivers for so many years. It is difficult to stand up to them when they have the big money and you need your job. They know that. Sean try to find a smaller company that will work with you on your experience. They are few and far between but they are out there.
It is difficult when a company is feeding you poop and telling you to like it! It doesn't mean that driving truck isn't for you, it means that you need to find a better company.
Oh i do not have issues with your outspoken demeaner im the same way and far worse at times but u cant take alittle constructive criticism especially from the veteran drivers also i thank you for calling me a road warrior i consider that a compliment i never thought of myself that way sean when iwas with werner it was the same way swapping splitting getting sent to term and stuck ther for days till mechanics decide its time to actually work i dont see how werner is illegal that paperless tells different and dot does audits thats one of the most legal companies in the industry i tell u one thing my friend youll find out later on down the road if u last in the industry and go strickly by the book youll be lucky if u make 300 a week and thats be4 taxes im at the cust right now waiting for them to get here u dont think ill put myself on line 4 do u just because i cant drop trl and go somewherer as fafr as the paperless goes u knew werner had paperlea be4 u started there
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What i mean by constructive critism is when ppl gove u alittle piece of advice u cant take it graceously u get all bent out of shape so ill leave it at that and wont discuss this any further happy trucken
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It's obviously Sean you wasn't cut out for the trucking lifestyle. I waited to say anything until now but yet you still keep rambling on about Werner this and Swift that. Get over it we all know they screw people over, but some people get "lucky" and they like it there. It's called "Corporate America"! You don't think these big fortune 500 companies don't try that same crap? Think again they do! The problem today is people are afraid to speak out but from what I gather from you is you seem to complain and drag on the issue. Instead just get out there and beat the street and find a small to medium sized carrier to hire you which I believe was suggested on numerous occasions. I'm sorry to sound harsh! Besides how are we suppose to speak out of you can't get two drivers to agree on what day it is? Until something is done or truck drivers get together (seems like a majority of company drivers don't give a shit) nothing will change!
Come on Larry, give me a break. The only thing that makes the trucking lifestyle not for me is the B.S. that does not need to, and should not exist - period. People seem to want to twist it into other things as not being for me.
As for Werner and Swift this and that. Kept going over it for those who did not seem to want to uderstand what I was talking about. It was originally only intended to be one long post of all my experiences with both companies to warn NEWBIES ONLY of what does happen, and can easily happen to them. It was not intended to be a Princeton Debating society with any Billy or Becky Big Rigger veterins. It just turned out that way.
Been "beating the street" for another carrier. It's no longer as easy as some of you think it is.
I apologize for coming off harsh and I do want to wish you the best of luck man.
I have to agree with larry on this.u think u got a lot of bs think again go to puerto rico where I am from and have been trucking all my life.its part of the usa and we got the stupid d.o.t to but u got no hours of service,u get a flat tire and u don't fix it u don't work till u do,u truck breaks down find out what broke so the boss can buy it and u fix it.the broker did not do the ppw for ur load u have to do it or u don't run.work 23 hour days sleep 1 hour and get up and do it all over.I do agree with u that there is a lot of bs but u always have a choice find a way around it and make it work for u.they tried some of the things they did to u with me and I called my lawyer and asked for advice and then I got on the phone with safety and driver relations and talk to them and got most of the things resolved and yes I did have to put up with some bs.there is some sort of bs any where u go that's life.also its going to be very had to run 100% legal in this economy u will have to bend a rules here and there a little bc of the nature of the industries and every com cuting there rates just to get the loads.this can be for u and u can make it work u just need to find a way to make it work for u.good luckIt's obviously Sean you wasn't cut out for the trucking lifestyle. I waited to say anything until now but yet you still keep rambling on about Werner this and Swift that. Get over it we all know they screw people over, but some people get "lucky" and they like it there. It's called "Corporate America"! You don't think these big fortune 500 companies don't try that same crap? Think again they do! The problem today is people are afraid to speak out but from what I gather from you is you seem to complain and drag on the issue. Instead just get out there and beat the street and find a small to medium sized carrier to hire you which I believe was suggested on numerous occasions. I'm sorry to sound harsh! Besides how are we suppose to speak out of you can't get two drivers to agree on what day it is? Until something is done or truck drivers get together (seems like a majority of company drivers don't give a shit) nothing will change!