Either of you please explain how a judge would enforce a contract that would prevent someone from working when the driver was terminated from employment.
I mean the judge would also have to force the carrier to re-employ the driver at the same time forcing the driver to go back to work for them but then there is a violation of a lot more than labor laws because the judge is forcing someone to work for someone without being charged with a crime, so how can the judge solve the problem?
Maybe the judge can determine what is reasonable for paying the debt back.
Or the judge can invalidate the contract.
Co driver gets a false log book citation but my employer is saying the violation is on "ME"
Discussion in 'Ask An Owner Operator' started by Nnww, Aug 4, 2019.
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And did you not see that Swift lost to CRST for the non compete clause? Right or wrong that and other posts have shown courts have upheld non compete. -
LoL
So how my lawyer explained this with the criminal and civil ticket is this. Driving a commercial vehicle and not wearing a seatbelt is a criminal charge that is left up to the officer to decide wether or not he wants to be an ### and check that criminal box or check the civil box. You cant just pay a fine and be on your way if it's the criminal charge. You have to actually set a court date and go to court plead guilty or not guilty and if you go the not guilty route and try to fight it then a trial is set up. It is a misdemeanor aswell and you've got to hire an attorney or accept a public defender. If the officer decides to do the civil one then for this violation it is a 100$ fine plus 21 csa points. Also it's on your record for 3 years and alot of companies consider it a moving violation and will fire you and/or not hire you because of it.
So whenever the officer was about to leave I asked him why he pulled us over because my Co and I had a bet wether or not it was for him seeing my seatbelt or if he saw my co up front and pulled us over for that. The officer proceeds to tell me this story lol
So hes under an overpass siting and hes hot binoculars out looking at drivers to catch them doing something wrong. He sees my codriver in the front seat and notices the color of his seatbelt then looks over at me through the binoculars and he doesnt see the bright orange seatbelt over my left shoulder. So he doesnt know if I'm wearing it or not. The officer drives up on my left side to get a closer look at me and the seatbelt and realizes I've got it on but under my arm. So he doesnt even put on blue lights he beeps his horn to get my attention and motions for me to pull over and that's that.
So yeh these guys are out here hardcore using binoculars to bust drivers! -
So... what now? Stay with CRST if they let you, or fight the contract? Just wondering. Many seasoned drivers have pitched in to your thread, tbh. (including (or not) myself.) -
Yeh I think it is really rediculous that I'm being the one blamed for how my co did his logs. I think that has pissed me off more that the seatbelt debacle lol
In total I've had to spend over $1000 just to get the seatbelt ticket amended to something my company would let me get away with and be rehired. Not including the time and cost of getting back home from across the country hotels, gas, food, loss of wages from not working etc etc... it's been a huge mess for me. -
These contracts that the big cdl schools make you sign aren't a joke at all and people shouldn't take them lightly. Future employers look at where you've worked and if you keep company hopping for jobs that's frowned upon in any industry. So it's best to stay where I'm at and get done with this contract. I've had a good experience with my company except for this. I've been very fortunate with my DM and have had a great working relationship with her so I really would like to keep it that way and stay on with them. If i dont stay and go somewhere else the contract is going to be a huge pain in the ### in the end and will cause so many problems. Therefore I'm going to stay and continue to work with them.
G13Tomcat Thanks this. -
ps: last time I had a mediocre ticket (light out) called the prosecutor in the town I was in; amended it with a coin on my bank card that day, and... gone. You could've tried that. In my many years out here, never have I ever hired an attorney for something simple.
Right is right and wrong is wrong. Only y'all know.....glad it worked out for ya. -
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Okay, need sleep.. I DO WORK at 0400.
Best to ya, O/P. Recognize the many veterans that tried to help you. Exclude me...i'm tired.
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