Class Action: Abarca v. Werner Enterprises.

Discussion in 'Werner' started by KillingTime, Oct 16, 2018.

  1. KillingTime

    KillingTime Road Train Member

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    Got this in the mail today.

    Jump on. Collect your 35¢. ;)

    20181016_164938.jpg
     
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  2. Chinatown

    Chinatown Road Train Member

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    I'll bet if you read the fine print at Werner, hourly pay is figured in with mileage pay.
    What does the drivers handbook have about it.
     
  3. KillingTime

    KillingTime Road Train Member

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    Couldn't tell ya, China... I bailed at the beginning of 2017 (14 months of duty w. Werner)... The real question is: how do Federal Laws mesh with or against State Laws? And do the complainants have a legitimate leg to stand on, legally, when the two are held askance?... Trucking is exempt from so many things Federally.... Federally, you can be F'd in the A by the mileage system as an individual while the Corp or LLC profits exponentially.... I question the legal grounds of the suit, but I also think 'mileage' is a dinosaur that needs to be done with.
     
  4. Matt43324

    Matt43324 Light Load Member

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    You know in a way I understand the mileage system. Essentially it's a flat rate pay like what a mechanical to be paid. I would love to be paid by the hour however I also happened to understand the mileage pay from a business perspective. If they paid by the hour, then you know #### well drivers would take their sweet time getting to their destination. You would have drivers making a 120 mile trip turn into a 8 hour trip on a hourly pay. However I do think hourly pay should apply in certain instances such as detention breakdown Etc. I mean not exactly fair for me to have to sit for 6 hours waiting for roadside to come to replace tires on a trailer I'm trying to pick up because the other 20 drivers that had it before me never recorded it the deficiency. That's 6 hours of potential earnings I could have been running. I broke down my pay to roughly $28 an hour when driving. I alot myself 10 minutes to drop a trailer 15 minutes to hook up a trailer, 25 minutes to fuel scale use bathroom grab coffee Etc then out on the road I go.
    I'm not one that complains about everything in the trucking industry, to me some things are just implied task to the job.
     
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  5. aramil248

    aramil248 Medium Load Member

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    I also got that in the mail. I looked at it a tiny bit then ignored it
     
  6. shogun

    shogun Road Train Member

    If you don’t claim the 35 cents, then Werner wins.
     
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  7. Davezilla

    Davezilla Medium Load Member

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    It's about time. When I was in the Califnornia division the two morons they had running it were so absolutely sadistic A-holes. I would often end up making 20-25 dollars for a 8-9 hour day, then have to drop my load and let someone else take it. They would intentionally do this as a form of punishment for drivers who dared ever speak up.

    They would intentionally change the appointment times to cause problems, and do things like wake the drivers up 3 hours early to "confirm loads" or else they would cancel them. But in reality they were using it to harass drivers and would do it exclusively to drivers that spoke up.

    Paul Kastl and Matt Love are the two most ignorant SOBs I've ever worked for in my life. I have never hated two anyone as much as I hate those sadistic pricks.

    They would even have safety personnel come out and wake you up if you were sick or taking a day off, then get in screaming matches.

    And the HR people are so out of touch with reality that they believe harassment is just normal workplace behavior.

    Leaving Werner was the best thing I ever did. Working for them has given me an intense hatred of people from that area.

    It's no wonder so many of them are on medication for mental health issues. I would barely be able to live with myself if I behaved the way they behave towards drivers who are only trying to do their jobs.

    It makes me wonder what their parents were like to raise such awful human beings.

    Just thinking about Werner makes me physically ill.
     
  8. moloko

    moloko Road Train Member

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    Don't cash that check if you want to sue them directly for this stuff. Sorry, no legal advice intended. Didn't want anyone to think I was representing myself as a "certified attorney." Glad they got nailed hard. Gives me a warm fuzzy feeling of euphoria and well-being, knowing that they have to pay all those attorney fees.
     
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  9. Davezilla

    Davezilla Medium Load Member

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    Looking up the lawsuit it shows it was caused by the same sadistic California division run by Paul Kastl and Matt Love that I repeatedly complained about.

    Everyone involved in that division deserves to rot in jail.

    And HR too for ignoring the complaints. The HR women are incompetent tools who are some of the most ignorant people I've ever talked to in my life.

    They seriously just scoffed arrogantly and acted like psychopathic behavior was just normal and I was the one out of line for reporting it.

    How do people this intensely incompetent get into such important positions?
     
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  10. moloko

    moloko Road Train Member

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    Pretty much they scoff at people who speak up because they say things like, "where did you get your law degree?" Says an idiot with no college credits. "Where did you get your law degree" is basically saying, "Please find an attorney on a contingency fee and sue us in State court." They think that lawsuits are for "other companies." That a lawsuit is difficult to initiate. The biggest misconception which emboldens these idiots is that the driver needs to have $50000 to start the lawsuit against the company. Thanks to a contingency fee arrangement, it costs the drivers approximately zero dollars upfront and nothing out of their pocket directly to prosecute the case. HR ignoring complaints is just opening them up for a solid retaliation claim if one can prove they had knowledge but failed to act. It's begging for punitive damages. Screw them. For what it's worth, always complain in writing and blindside copy yourself to prove delivery. Again, not legal advice--didn't want anyone to make the mistake of thinking I was offering advice on how to file their own lawsuit in lieu of consulting an experienced attorney.
     
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