I interviewed with a company, signed some paperwork about giving a 14 day notice if I was under a load so the company wouldn't lose any money, checked out their truck, but never worked for them. This was all on a Tue. and they had to broker a load as well as do some repairs on the truck that I pointed out (gauges not working, tired needed replacing, and turn signal not working). I got a better offer two days later, sent an email and left a voicemail. Well, I thought that everything was fine and they just started looking for another driver. Wrong! I got an invoice from them for $5,000 stating that it was a breach of contract. I was also threatened with it being sent to a collection agency if payment wasn't received by 3/20/07, but I didn't get the letter (it wasn't sent by certified mail either) until yesterday 3/22/07. It says that I'm being charged $500 a day and four days free of work, which I completely don't understand, because I never lifted a finger or blinked an eye for them.

I'm going to have my lawyer look at it, because I think that this company is predatory and is just trying to make a fast buck off of me. However, I wanted to see what some of you more experienced drivers think.

In the meantime, I've written a letter to them asking for all paperwork with my signature, so that I can have my attorney look at them along with the States Attorney General, and paperwork to show what losses they're supposedly charging me for within 5 business days. This will be sent via certified mail, so that I have proof if they choose to pursue this any further. Oh yeah, I interviewed with them on 3/06/07, informed them of my other offer on 3/08/07, but wasn't supposed to begin working with them until 3/12/07, so again, I never worked for them.

You didn't get a copy of everything that you signed?

I have never been in a situation like this, won't even try to say what they can or cannot do. It all depends on what you actually signed your name and agreed to.

Unfortunately in our litigious society anyone can sue you for anything they want. You're still stuck spending the money to defend yourself. In my opinion it appears that the 14 day notice clause was intended to prevent you from quitting while on the road, under a load. If you never left the yard because the truck required repairs then the company should have planned for other arrangements for the load they brokered. If you drove the vehicle away and they brokered the load, regardless of the needed repairs, you may have difficulty fighting it.

Your lawyer will know best.

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Knowledge is power, but sharing knowledge brings peace!

I never even began working for them. My opinion is that they hadn't moved their truck in quite sometime if they didn't know that it needed those repairs or if they did know, they didn't bother to fix them until they had a driver for it. My understanding of the 14 day notice is the same as you explained in your post. In fact, that's the way that it was explained to me when I signed my paperwork. I honestly don't believe that they have a case against me. I'm preparing myself for it if I have to put up some kind of fight in court. I've left a voicemail about the whole situation with my State's Dept. of Labor.

As far as shelling out any money for an attorney, I'll countersue for my time, pain & suffering, as well as my attorney fees.

From your description it does not appear to be a valid case by them. If you never started and never drove off for your first day then the brokered load is their fault. As for countersuing them I certainly hope you have much success in that. If more people would countersue, and win, it could help reduce the number of BS suits against us.

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Knowledge is power, but sharing knowledge brings peace!

Regarding lawyers... Isn't it true that small claims court cases don't typically employ lawyers. As far as I'm concerned... let 'em try as they may (doubtful for 1), but if they do it seems you have a strong case. Good luck in any case. (no pun intended).

YES.............i didn't read the thread i just wanted to type yes cause you can always be sued anytime anywhere by anybody................

"You can indite a ham sandwich..." but i for one refuse to worry or be intimidated by the likes of... Hang on, i gotta re-ink my period key,

What is the name of this company?

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My childhood dream of becoming a truck driver turned into a nightmare!

that's what i was wondering..they sound like westside transport out of tennessee.............