New IC contract. What do you think?

In my opinion this contract as written is like a blank check were giving them to write any amount they want for at anytime at only their discretion.

How long til the bean counters in GB start adding to their bottom line by filling in this check. Profits down.......time to fine.

 

A few ICs in a happenstance conversation and the subject comes up, one thinks they are being treated unequally and decides to sue.

Might even happen right here on TTR.

Point is though, with the ambiguity and SNI, in a written document, saying the rule may apply to driver x but not driver y, they are leaving themselves open. Just an opinion.

 

They need to fine these mother jumpers $1000 a day who put king pin locks and seals on MT trailers to hold them hostage for themselves.
Multiple times I've been assigned an MT at an OC only to find a kingpin lock and seal on them! WTF!?!

 

If you go to the fuel desk they will have the shop remove the king pin for you.

 

Take a deep breath, and move away from the window.

 

Well in a brief discussion with my lawyer he states that they can not fine us without telling us. However by signing the agreement they have had drawn up without any negotiations we will be acknowledging they are warning us within the contract.

Essentially if we sign it we are not guaranteed they will tell us we would be fined for a specific refusal of a trailer move or any other arbitrary action contained within the agreed upon agreement.

By my understanding we are signing a agreement which once signed becomes an enforceable contract. By blindly signing without clarification or negotiation we are allowing Schneider to define the agreement and manner by which we contract with them.

Another words their way or NO way.

That's why our email contained a specific date and time our current contract will expire.

By setting the date and time we are forced to either agree or not agree and allow our contract to expire on us.

He states that in a true contractual agreement both side have to negotiate and agree to ALL terms within said contract. ie; the contract expiration date and time. In our case we are signing a work agreement not a Independent Contractor agreement or contract.

Because Schneider IC's are not Union each individual contractor would have to negotiate and sign Independent Contracts not a blanket work agreement or one size fits all.

So again as much as I'd love to say we're IC's the plain truth is we will be signing a work agreement just as we did before.

We've never been IC's as far as contractual goes.

Guess we're glorified company drivers after all..... Atleast as far as the law sees it.

 

Thank you for taking the time and going out of your way to get some answers for us.
I appreciate it.

What actually happens or doesn't happen remains to be seen.
For me personally as long as Schneider doesn't screw us on rates or try to micro manage us on daily trailer shuttles I'm all good staying here.
It might be important for some to have a second option in their back pocket in case things go south here because remember we can take our leased truck elsewhere if we want.
Landstar was my second option but it's no longer after I spoke to my friend there yesterday.. loads and rates are down incredibly and he's struggling.

 

I'll be happy to share the bill if one comes in for my Lawyer..

 

But if that's the case, then we shouldn't be paid on a 1099, and instead be w-2 employees.

 

The catch so far is we volunteer to sign the contract accepting their definition of an IC.

Until or if it's challenged and ruled on to be determined the validity of it it's a legal contract if we voluntarily sign it.

The validity only comes into question if a suit is brought to challenge it.

Large companies are willing to bet that 99% of the people won't challenge it. Those that would can only afford to in a class action suit not individually.

Therefore it will probably never be challenged.

Since its able to be terminated by either party at any time, they would just terminate the contract if they feared a suit.