Continental Express Sidney Ohio

They took a $500 from the Guy I referred there. He gave eight days notice too and worked there 90+ days. They claimed he had to work 180 days, not 90. I was told 90, as was he when he hired on. They decided to change it when he quit.

When I left, I parked my Truck in Sidney and drove Home to NC for vacation. Told them I may be back in a week or I may not? It was cleaned out and turned in. I didn't return. I still called and told them though. Made sure I had my Paychecks first!

The only crap thing they did was not pay my Medical for the week I was on vacation and tge Doctors and Dentists bill came to me in full. Lol!

 

Well Heck! Just rethinking of everything that made me resign from there. Hells no I wouldnt go back! I recant my previous post!

 

Wrong ! I've got a degree in business law, don't need to ' ask your brother '. The very language of the contract itself is bull! You cannot be charged for services not rendered as an employee! That's ridiculous !

 

Very easy resolution. Through the department of labor local to your terminal

 

I'd have to say these things have held up in a Court of Law before and will continue to hold up. If two parties agree to the terms and sign it, it is a binding agreement. Glad you're not running the Legal Department of any Business I'm a part of.

The below is what constitutes a Contract. As you can read and should have already known, the "Service" is the Employees position. If an Employee agrees to say a $500 penalty if that service is cut short without due notice, then there is your Services not rendered. "For a contract to be binding, there also must be an offer and acceptance that involves the exchange of promises to act and/or provide goods, services or money."

No different that paying a penalty for paying off a Load sooner than you agreed to. This sort of thing happens everyday, everywhere in many different aspects. If you sign and agree to it, it's binding. Can't be read any other way. Good thing you don't practise Law in a Court!

A contract is an agreement between people or legal entities (such as corporations) in which one party agrees to perform a service or provide goods in exchange for the payment of money or other goods or services.

The formation of a contract is accomplished when there is an offer and acceptance between the contracting parties of the exchange of "consideration" (that is, something of value). This offer and acceptance are sometimes referred to as a “meeting of the minds.” If the parties have not reached a meeting of the minds, then there is no agreement.

However, an agreement, even after an offer and acceptance, is not necessarily a legally binding contract. For instance, one cannot contract for an illegal or impossible act. In addition, in order to enter into a legally binding contract, you must have the capacity or legal ability to enter into that contract. For example, with some exceptions, minors do not have the capacity to enter into a contract.

For a contract to be binding, there also must be an offer and acceptance that involves the exchange of promises to act and/or provide goods, services or money. The act, promises, goods, services and/or money are called “consideration.” In order to have a binding, enforceable contract, there must be an exchange of consideration.

In addition, an agreement to do something or pay something can become binding if you act to your detriment while relying on the other party’s promise to perform. Similarly, in some cases, giving up the right to act in reliance on a promise may be sufficient consideration for a binding, legally enforceable contract.

 

I provided the proof I am right. He proved nothing. Unless the activity is illegal, it's binding.

 

Blah blah blah . The agreement isn't legal to begin with ! Unenforceable ! This is why LAWYERS go to court over contracts ! You don't arbitrarily win just because you stamp your feet as point at a signature ! LOL

 

Do you have anything to show its not legal?

 

It's just a case I would make . The amount of wages to be forfeited with a forfeiture clause must be in proportion to the loss and be a genuine pre-estimation of the damage that would be caused if the notice requirement was breached. It cannot be a penalty because if it is, the forfeiture provision will be unenforceable. So , Continental would argue that they are financially punished because they're losing revenue due to the fact that the employee didn't give 2 weeks notice and they haven't had time to replace him and they're losing revenue .

I would simply point to their turnover rate and the number of units out of service due to their turnover rate that aren't even being used except as a write off and win the case by proving it as a penalty .

Problem is , they pay slave wages and just took your last check . Now you're trying to figure out how to eat and keep the rain off your head and you just let it go