Hirschbach threatens to file lawsuits to keep drivers from leaving

Hirschbachs. beef is with the driver. The other company can just call their bluff and flip them the bird.

 

Two Divisions Of Covenant Settle In Big Case By Drivers Alleging 'No-Hire' Conspiracy (yahoo.com)

It would seem that the opposite is true......these lawsuits are basically about the megas 'colluding' with each other not to hire each others trainees.

 

How can Hirshbach sue the next company? The contract is between the driver and Hirshbach. And I don’t think it’s wrong for the driver to quit as long as they pay the penalty for not fulfilling the contract.

 

From a contract perspective it would be no different if the driver quit to go flip burgers. He’s obligated to adhere to the penalty of exiting early. The fact that he would go to another driving position is not relevant—unless there is wording in the contract that forbids it. But never heard of that before.

 

And look back at how it paid off for you. done, paid out, know what an where your next gig is. Time well spent.

 

Perhaps the driver has a suit. Hirschbach is working behind the scenes to have other companies deny him employment. He could argue that he had every intention to pay the early exit penalty, however he is denied being able to do so due to Hirschbachs interactions with potential employers. He could fight for damages.

 

This is not a gray area, a non-compete clause can’t be enforced and the best this company do is to sue the individual over the issue of owing a debt, and then they have to allow the individual time to pay the debt off.

as for employment, this has been settled a lot of times in court, most of the time courts dismiss these cases because there is a violation of the 14th amendment and the indentured servitude issue, forcing people to work at a specific company without due process. This was one reason why the most recent case in the news was dismissed, thedacare vs. ascension. There was no way that the thedacare could enforce forced employment.

so I went through this just last year, a mega company lost a driver to us, I didn’t recruit him nor looked for any new drivers. He passed the requirements I have and started working, his former company threatened to sue my company which wasn’t unexpected. My lawyer told them to pretty much ******* off, and that’s the last I heard.

what thedacare vs. ascension actually has done for this industry is to open the door for the courts to stop this crap of threatening drivers over crap that hasn’t been allowed since the 14th was passed.

 

It's called interference of contract. That's how Swift lost a similar case in, of all places, California. Swift was "recruiting" at a truck stop and the driver took the bait. Because of the recruiting Swift lost. I never could find out what method of recruiting was going on. Was it an ad in one of those we'll hire you books in every truck stop, or was someone going around knocking on drivers doors? Probable somewhere in between like having a table at an entrance singing the virtues of working for Swift that is seen every once in awhile.

Either case Herbash is claiming the same thing with their "contract interference" language.

That said, most companies will ignore the scare tactic.

 

That is what I was waiting to see if someone knew. Also, in this day of electronic technology, it is not beyond the realms of possibility for the company receiving that e-mail to file a complaint against CRST for threatening them by "wire". Strange things happen when you turn someone loose unattended,

 

If I was the impacted driver, I’d talk to an employment contract lawyer. They would know fairly quickly if there was merit to proceed.