Advice pls...

@bulzl this would a perfect example of what i was saying in your thread. All roses up front, a few months in being away from home eats at you. Or roses up front, a few months in your running grounds get the better of you. Machenro sorry to hear about your bad luck, but you signed the contract, you knew this was going to happen. Peeple don’t tell you things and make you sign things for the sharts & giggles of it. This is life...this is real.

 

I bet this didn't go the way the OP wanted .

Put me down for man up and do what you said you would do when you signed the contract .

I just have to shake my head and wonder when I read posts like this .
What did you think driving during the winter was going to be like ?
Its like the National Guard guys that didn't want to go to Iraq because they just joined for the free collage degree .

 

You need to go back and work for those folks. You jumped into trucking eyes wide shut. Now you don't want to honor your commitment. Then folks are telling you to get a credit card and pay them. You would still be in debt. I don't quite see the sense in that. Whats getting a lawyer going to do if you already signed an agreement? Good thing you didn't join the service! You would have been stuck.

 

Totally agree

 

No No No.

Show me this blacklist, unless you are in a professional environment which is a closed industry, there isn't any blacklisting.

Look guys ... the contract that the op sign does not make him a slave. He is not under a personal service contract, he holds no industry secrets and he does not have sales contacts. He may have issues about paying back the "loan" to get his cdl, but he is legally free to work anywhere he wants to. The fact that there is already a lot of legal issues that can allow the entire contract to be nullified, the company can't and no company can sue when an employee leaves and goes to work for someone else in this industry.

All of this snacks into the face of every state labor law, even the federal laws. States like mine at at will employment states which means either party can terminate employment without reason and there can't be retaliation and most states are like this.

 

Here is my main source. One of several. In addition to first hand experience.

Blacklisted After a Job Loss

A major case out of missouri

OSHA Goes After Company For Blacklisting Truck Driver – American Chain of Warehouse, Inc

ATA celebrates Repeal of Blacklisting about 2017

ATA applauds repeal of blacklisting rule | Today's Trucking

A group of recent cases where trucking companies have taken firing actions and been found in the wrong.

Significant Cases — Truckers Justice Center

In addition every state maintains a violations chart in real time against trucking companies that do not do things properly it covers a range of everything that is possible.

As far as I am concerned, EcKmiller in Rockport made sure I was blacklisted in the mid 90's when they did that according to Indiana Law, any of employers I applied to after that fact were told by this one over the phone in compliance with Indiana Law referencing Nolo link and the prospective employer refuses to hire me. It was very effective until I moved into a different type of trucking that has nothing to do with steel at all. Eventually 10 years have passed and EcKmiller no longer controls the communciations to any employer I apply to.

I thought about taking them on in the Law but let it go. I already was finding work and doing well economically and felt that once certain adjustments were made whatever Indiana had is literally something to just let it go. A chapter in my trucking life.

That is why I take the position I take now and then when someone thinks that a particular employer is telling any future prospective employers not to hire so and so and such a such. Either in writing or over the phone.

Long ago in the 80's if a employer felt that you did not belong, all they had to do was speak to anyone you tried to hire on locally by word of mouth so it is possible to discover that in Baltimore for example you would have nothing in a given industry such as dock working in a Union.

 

Yeah yeah yeah, I know exactly what this is all about, it doesn't exist in this industry, there isn't a concerted effort to tie drivers to one or another source to prevent work, it is all hit or miss and no case has an employer been sued for hiring a driver and no case where a driver was prevented to get a job [edit I mean through the courts]. I am among many fleet owners who can't seem to find a blacklist any where, what happens and this op seems to indicate it that his original company threatened his new company with legal action if they keep him.

I have gotten stupid letters from former companies about a new driver, some of them are full of lies and others are made up with more bs than a politician can create in a lifetime. I hand them to the driver with the phone number of a labor lawyer who goes after these pos companies. I have had at least a dozen of threats from these companies with drivers I hire and I tell the pos company to stick it up their ******. Other owners like me are worst they threaten to sue the company for damages if they even try to pursue it. But we have the balls to do this, other owners and managers piss their pants and act like it is the end of the world like the ops new company who just fired them.