Does anybody have a paper Werner application? I want to know if it says something about the place where disputes should be resolved with this company. I live in New York state and would love to sue Werner in NY, but something says me that by the agreement I should sue them in the state where headquarters are located - but I do not know this for 100%. Anybody knows?
If you are planning on suing Werner than you will need a lawyer. Let them handle the logistics. You will be paying them plenty to do so.
Hey if its one of those things where if you win, and they owe you and former drivers money..............I SURE WOULD LIKE TO KNOW!!!!
As long as Werner Enterprises has a footprint in your state, like a terminal or drop yard, then you have standing to sue them in your state. Now onto the unsolicitated advice portion of our program . Civil suits always revolve around one factor.....you must prove that you sustained damages, and exactly what those damages are. Corporations, like Werner, keep attorneys on retainer, which means that it will be relatively inexpensive for them to defend against a suit. Plus, it is common for corporations to have insurance policies to deal with unexpected lawsuits and judgements. Unlike what folks see on TV court-room dramas, Werner-sized corporations don't worry very much about lawsuits and negative judgements; they tend NOT to settle out-of-court. What Werner IS likely to do, is to immediately file a counter-suit or three, which then would require you to hire attorneys to defend against EVEN IF YOU DECIDE TO DROP YOUR OWN LAWSUIT OR IF THE JUDGE DECIDES TO THROW YOUR LAWSUIT OUT-OF-COURT DURING THE PRLIMINARY HEARING(S). You will either be stuck paying attorney(s) to defend against Werner's allegations, or you will be found liable by default. Even if you were to win YOUR lawsuit, you will still have to defend against any counter-suits. You, on the other hand, need to determine whether or not you will recoup enough money to cover damages and expenses. A civil litigation will not likely be done on a contingency basis, unless there are indisputable damages which will have a high probability of leading to a judgement which will earn the attorney's office a reasonable payback on their billable time and expenses, plus a profit. You haven't provided details as to your beef with Werner, so I'm just throwing out two alternatives that may be considered, if they fit the bill. 1). Consider binding arbitration. Most states can require disputing parties to enter an arbitration proceding. If the finding of the arbitrator is then disputed, the disputing party must then either go to court or pay the arbitration agreement. 2). Contact your state's Attorney General's office to determine if their may be a state interest and jurisdiction in your allegation. For instance, if this was a wage dispute, or a consumer contract violation, the AG may decide to pursue this from their end. You certainly don't give up the right to pursue the allegation in civil court, but there is always something about government involvement...if even just an 'inquiry'...that tends to make the wronged individual much more noticeable to the corporate powers-that-be. 3). If you are seeking money compensation in an amount under $5,000.00 (the dollar amount varies by state), then it is easy to pursue this in small claims court. Lawyers are not allowed to participate in the hearing. You present your case, the defendent presents a rebuttal, and the judge decides who wins. There is no way to determine if you are in the right, or not, in your desire to sue Werner. I'll just say that I hope you receive good advice on whether or not to procede.
I'll also ad that whatever the wiener man did to you he likely does to others and can get away with..... unless of course you were injured by one of his units and not in his employ or trying to be in his employ..... JMO
