Central Refrigerated Truck Stop

I am at the moment consulting with a lawyer...so far this is what has been uncovered, and what the lawyer is looking into...
1. Because it is a thrid party lease, Central is bound, not the L/O (which is probably why they pay your payment when you don't make the miles...it's not becaue they are nice people, but because Central's name is on that lease, and if they don't pay, they are in default - not the 3rd party leasee.
2. Just becaues they call you an independant contractor, doesn't mean you are. Because you cannot contract with anyone else but central, they are tieing you to their company which makes you an employee, not an indepenant contractor. This means that they are to offer their L/O drivers all the entitlements of an employee, which we know they don't.
3. So far, nothing in the lease, at least the one Jolly has says that he cannot break the lease. IT states you have to give 10 days notice prior to NOv 1. This is the part the lawyer is looking over to ensure that we understood this correctly.
4. IN addition, because it is a third party lease, the 3rd party does not fall under the same payment obligations as does the actual leasee - meaning no contract between the 2nd party and the 3rd party can be held up in court.
5. In additoin, the lawyer is looking into not letting Central report it to the credit bureau as a default, since technically it isn't.

This is what I've uncovered. I just wish there was a way to help the people who are being affected by the way this company operates. That a company like this exisits in 2009 is crazy. IT's like back before unions at the turn of the century. I have an appointment with a contract and transactions lawyer that has dealt with Central before. I will keep you posted on what he says. Since I'll have his ear, I will mention some of the other crazy things they have done (no names) and see what advice he might have.

 

VERY NICE, GREAT NEWS!

Thats pretty much everything I have told people that I have talked too, the 3rd party in the lease (the driver) is free to walk at anytime. The lease is ilegal from the day you put your name on it.


YOU CAN'T HAVE A 3RD PARTY LEASE, why people don't understand this is just beyond me. The company can say what ever they want, but they can't touch you.

 

too bad they aren't looking into englands game. i don't see anything wrong with centrals but england takes there leasers TO THE GRILL with unnecessary fees.

so i was looking at this website, about the top ten states for porn subscription. you all think this is a mormon state and everyone that lives here is a polygamist. well, the only polygamists we have are that little colony right on the border down south mixed with arizona. anyways, whatever they are preaching in church is DEFENITLY not working as utah ranked #1. WHOAHHHHHHHHHHHHHHHHHHH.

http://www.cnbc.com/id/31905302?slide=11

 

Do you have any idea how many Mormons live in Vegas?

Lets just say its more then a few.

 

For my skeptics: Here is a link that states several laws enacted since 1991 that clearly states that there is no such think as an independant contractor when it comes to L/O... there is no such distinction. http://www.atlantainjurylawyer.com/trucking-accident-attorney-lawyer-1183771.html

An excerpt from the site. The actual article is quite lengthy.

The Federal Motor Carrier Safety Regulations, 49 C.F.R. § 390.5, absolutely eliminates the distinction between "independent contractors" and "employees" so that any attempt by a carrier to label a driver as one or the other is an exercise in futility. Drivers, including independent contractors, are now legislatively deemed "statutory employees" of motor carriers and, as such, motor carriers can no longer escape liability through the use of linguistic gymnastics. The carrier's fate is now inextricably intertwined with that of its driver. In Shell v. Navajo Freight Lines, 693 P.2d 382 (Colo. Ct. App. 1984), the Colorado Court of Appeals noted that "[t]he regulations, which have the force and effect of law, eliminate the defense of independent contractor by making the owner/operator of the equipment the "statutory employee" of the carrier."

My favorite phrase - linguistic gymnastics...lol

 

Brick, I got your pm and sent you one back. Looks like he may just quit all together over this one. I don't see how they can expect to keep drivers at this rate. Any way I am signing off before I say somethings I may regret this has been a very trying day all the way around!!!!!!!!

 

The folloiwng proves Central your Employer even if under a lease, in particular because they are the legal leasees.

In 1991 the United States Court of Appeals for the Sixth Circuit in Johnson v. S.O.S. Transport, Inc. held that,


Importantly, . . . the operator's status, whether it be as an independent contractor or employee of a carrier, is irrelevant. 49 U.S.C.App. § 2503(2) defines an "employee" as including "an operator of a commercial motor vehicle (including an independent contractor while in the course of operating a commercial motor vehicle)" This same section also defines an "employer" as "any person engaged in a business affecting interstate commerce who owns or leases a commercial motor vehicle in connection with that business"49 U.S.C.App. § 2503(3). Johnson v. S.O.S. Transport, 926 F.2d 516 (6th Cir. 1991)(emphasis added). See Gilstorff v. Top Line Exp., Inc., 106 F.3d 400 (6th Cir. 1997).

Then the next logical conclusion is that as their employee, drivers are entitled to certain benefits through federal and state law.

 

Quote "The statute and regulatory pattern clearly eliminates the independent contractor concept from such lease arrangements and casts upon [the carrier-lessee] full responsibility for the negligence of [the driver] of the leased equipment. Any language to the contrary in the lease agreement would be violative of the spirit and letter of the federal regulations and therefore unenforceable."

This includes non payment!

 

OK lets cool it down guys everyone can have an opinion on here and I should hope that we are all adult enough to ignore or debate what we don't like in a civilized manner.

The Lease isn't that hard to get out of unless you have a Volvo or maybe a Pro-star!!

There is a wait on Petes and Kenworths, so IMHO it wouldn't be hard to get someone to take over a Lease.

Sheesh JJ and I have been accused of being recruiters, accused of getting a fee from Central for the recruits and all sorts of other crap.

Yeah JJ got upset and replied I didn't think it was worth replying to!! But I am a peacemaker

OK moving on I hear there is a shortage of trucks at Central at the moment, am not sure if its because they want 1Bad to Lease a truck or there is just to many students going through the school and with the economy there isn't a huge turnover and you can't get a new Pro-star until you have been with the company for 12 months.

I think Central are wrong for sending messages to new three month drivers saying you could have made this much money this week if you had been leasing, at three months you really have no idea if the company is a good fit for you or not.

I think they're wrong for taking on more students when they don't have the trucks for them!

Anyone want to debate my opinions

Mother hen over and out!

 

I guess im not the olny one centrals been driving crazy