No not the fifth, the 14th forbids any indentured servitude and slavery unless it is considered a punishment after due process.
indentured servitude has been well established as a form of slave labor and you can not force anyone to work against their wishes, this includes paying off a loan via employment, a company can’t compel someone to pay through labor a debt they incurred and has to offer an alternative means of paying the debt back.
as for the contract a driver has with their company and any non-compete clause, the company can not force someone to give up their vocation, period. They can prevent the person from competing against them if person wants to use proprietary information, skills, processes or techniques. This has been in the court a few times and when there was common held knowledge or when there was a case that them person possessed no more skills than can be commonly found, the courts have sided with the person, not the company. If I remember right, swift went after other companies who were activity targeting swift drivers. But that said … the reason why companies cave so often to the threats is the idea of solving a problem with the least resistance … in other words they just hire the driver … problem solved.
Hirschbach threatens to file lawsuits to keep drivers from leaving
Discussion in 'Report A BAD Trucking Company Here' started by Deadwood, Feb 6, 2022.
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terryt, Gearjammin' Penguin, Lonesome and 4 others Thank this.
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stuckinthemud Thanks this.
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You haven’t been in this industry long enough to understand. Megas are meat grinders! You have no clue what the driver’s intentions are. Hell you don’t even know if the poor sap is starving to death and has hungry kids to feed.
This is clearly an attempt to block him from having the ability to find better employment. Shame on them! And shame on you for your high brow arrogance.surf_avenue, p608, Deadwood and 1 other person Thank this. -
Ok -I can't take it anymore, sure that guy may owe money to Herschbach for not keeping his end of the contract, and this is not what this is about.
HOWEVER, this is what this is about- the letter that was sent by Herschbach; not to the driver but to another company that is considering hiring the driver and it is Bull ####. 1) The letter/email supposes to be written by Herschbach's Lawyer 2) It has a lot of spelling mistakes in it. 3) Bad grammar and word usage. 4) What they are alleging the other company did that may be hiring the driver is doing is actually called "Tortious Interference" not the mix of words that the BS letter said. 5) Any L1 law student would know this. (First year of law school is called L1 then L2 then L3 and then you are called a Baby Lawyer for about the first year). 6) Tortious Interference is a very hard case to prove and has a lot of boxes that have to be checked off to prove it. 7) Tortious Interference is an incredibly expensive lawsuit to litigate as a plaintiff. So, provable damages have to be in the millions of dollars.
This is a letter/email that was written by a fool, who is hoping it is received and acted on by a greater fool.PaulMinternational, Knucklehead, sevenmph and 9 others Thank this. -
gentleroger, Boondock, Tall Mike and 1 other person Thank this.
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drvrtech77, bumper Jack, Dale thompson and 4 others Thank this.
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Well, well, well…. Now the truth comes out. No wonder that driver isn’t wearing any panties. Hirschbach sued ‘em off him!
gentleroger, TB John, Lonesome and 3 others Thank this. -
Boondock, JolliRoger, D.Tibbitt and 3 others Thank this.
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Maybe it was caveman lawyer...
tarheelsfan105, TB John, JoeyJunk and 1 other person Thank this. -
I love the all megas are bad mentality. Sure there are bad megas. But there are also bad small companies. Each company is different. So in my personal opinion. Anyone saying that all of the megas are bad. Is trolling. That's not to say anything about the company in question. If a driver has first hand experience. That information, good or bad, is welcomed knowledge. Because it gives their experience.
I'm sure there are guys that have bad opinions of Stevens. But they went out of their way to help me and treat me right. When I ended up in the hospital out on the road. Got me all my belongings from the truck back to me. On their dime.
I will partly agree with you. That the no chaining is due to lack of winter experience. You have to be invited to get on the chain gang. But they want both you and your load to get there safely.
There training department is amazing and I learned things in my first 90 days from them. That a 7 year/million mile driver had no clue about.Long FLD, D.Tibbitt, stuckinthemud and 1 other person Thank this.
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