mercer transportation

no, not at all. this is a contracted relationship not an employee/employer one. That is why that statement just might be in there. KY has been coming down on companies that have "independent contractors" and the courts have been filled with cases of drivers suing for employee status. Part of the contract rewrite is to further establish and solidify that we are beyond any doubt in the independent contractor status.

For that reason that statement may very well be in there, it does not mean there is any intention of enforcing it. It was not in my contract with Quality Carriers (the tanker company) and they came after me months after I terminated my contract trying to get back thousands of dollars for what they say was unpaid loads. Knowing their reputation they were probably just going after money from me.

I will check the contract and confirm, or deny, that the statement is in there.

 

new contract
Appendix B - page 1
Contractor's Compensation
1. GROSS COMPENSATION
f) Earnings Adjustments
i. Billing Error.
ii. Billed Amounts Uncollectible.

this essentially says what was in the question, they are able to charge back money paid to us if they did not receive it. A little more complicated than that but I'm sure you all get the idea.

Again, that doesn't mean they will do it but that they can do it. It is a standard contract item and nothing unusual. Also once again it aids to establish the separation between employee and contractor status as it shows risk on the part of the contractor that an employee would not be legally subject to.

 

All the fuss about the new contract amuses me. It's nothing but legal jargon strengthening the contractor status of us. Kinda funny how worked up some people get about absolutely nothing.

 

Schneider just re-did their contractor operating agreement. Was amusing as all hell watching all the people run around acting like the entire world was on fire.

But anyhow, I was going through some of the less busy threads in here, whatever happened to Pound Puppy?

And CJ, I read your post about you only wanted to make one move and stay there forever, was and is Mercer that final move?

 

I'm glad someone understands the purpose of the changes! I thought I was alone. Spent a week in LKY and saw people quitting over ELDs and/or the contract.

 

I think I read somewhere that Pound Puppy left Mercer

 

So their adding new clauses into a contract not to enforce them.....ok.

 

It's to alleviate any questions about contractor status.

 

Defensive??? Wow, not meant to be taken that way, just stating a fact that's explained during orientation. If the case ever comes up that allows you to go outside for a load (which it doesn't because it's not needed when loads are available), you collect 90%, not 75%. That's not defending anything, just stating a fact. AM may have a better program, I don't know, I've never worked for them and couldn't care less how you perceive this system or that one, it doesn't affect me.

 

What's funny is, half of the ones that are complaining probably never read the first one they signed.