Lawsuit Against Swift Transportation Forced labor Minimum wageThis lawsuit is brought

Discussion in 'Swift' started by Gary7, Jan 18, 2012.

  1. TruckrsWife

    TruckrsWife Significant Otter

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    And when you sign that contract, there's such a thing as an implied covenant of good faith and fair dealing:

    http://legal-dictionary.thefreedictionary.com/implied+covenant+of+good+faith+and+fair+dealing

    Yes, it's entirely voluntary to sign that contract. And I'm not excusing ignorance of the contents of contracts, but how many people who sign those contracts really understand the legal language of contract law? I'd say not enough. How many prospective lease operators sign those contracts because, for all intents purposes, they have every intention of making it work? Even L/O's have to rely on someone to keep them moving and making a profit. They are at the mercy of their DM. Some are fortunate and find a DM who knows what he/she is doing, and others find the dregs. If the L/O had only themselves to rely on for their profit/loss, you can place the blame entirely on them, however, that's not the case. Although you do have the option to change DM's, but even that takes a little time and the damage is already done.
     
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  3. Injun

    Injun Road Train Member

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    And that was part of the purpose of Plus One and Macro 30: to take the human element out of load selection and assignment.

    I would like to see something like what Schneider has: pick your own load off the board. This would give total responsibility to the LO. Pick a load you can't do, service failure. Pick a load with too much time and want to T-Call? Tough. You knew the terms of the load when you picked it.
     
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  4. otherhalftw

    otherhalftw R.I.P.

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    I agree, it is written into the Lease Contract that a lessee can "request authorization" to move the tractor to another carrier. But it is also exorbitantly clear that the request must be approved at several levels of management.

    Why would any company, authorize a piece of their equipment to be used in competition against them? Doesn't "cut the mustard" through the straining filter of common sense or good business practice....now does it?

    Secondly....at Swift, it isn't only one contract. You have the Lease Contract with IEL, and the Linehaul Contract with Swift. If a driver, L/O has an issue with Swift and gets the Linehaul contract terminated, (also in the Lease Contract) that the Lease Contract is "by default" terminated when the Linehaul is terminated. Does this sound like a "conflict of interest"? Afterall....Swift and IEL are actually one and the same.

    And in most every contract there is a "non-compete clause"....somewhat self explanatory when looked up and even partially understood!
     
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  5. Injun

    Injun Road Train Member

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    I didn't say it would be easy. If even leasing was easy, everybody would be doing it.
     
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  6. fr8monkey

    fr8monkey Road Train Member

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    Amen to that! I could definately agree to that and would love to have more of the reward/risk in my hands,but I am afraid that we (swift) is along way from that at this point.........
     
  7. G/MAN

    G/MAN Road Train Member

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    No, I have not read their lease. My comments are based upon what I read in the complaint. I made an assumption about what I had read. Most leases can be bought out. The problem that most lease operators will have is finding suitable financing from another source. Most will not have the financial resources or credit to qualify for a loan to pay their truck out. If Swift has the means to allow lease operators to move the truck without having to pay it off, then they are the exception in this industry. Thanks for clearing that up, Injun.
     
  8. otherhalftw

    otherhalftw R.I.P.

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    It must be easy.....just look at how many are doing it who shouldn't even be driving at all!!!!!:biggrin_2559:
     
  9. MysticHZ

    MysticHZ Road Train Member

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    You can come in from the outside with as little as 6 months OTR and sign a lease, as long as you come up with the down payment in cash ... or do what I did and run with an O/O for 30 days to qualify and finance the down payment. I actually did 3 weeks and took a no down payment special on a return lease.
     
  10. otherhalftw

    otherhalftw R.I.P.

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    You seem to be missing the point....or just using semantics to try and show someone they are wrong!

    The original discussion topic was that of credit checks to get into a lease with Swift. The key point of this part of the discussion was the no down lease...and what a driver needed to get into the lease. Both of your examples requires a cash down payment or financing the down.

    Let me ask you...Why would anyone go into a secondary debt to obtain a "rental truck"? When you get right down to it...especially with the Swift pay off of the "value" of the truck...generally 38-40 thousand after putting 700k miles on it....why would you finance the down.....if you can finance the down payment for a lease, then finance the down payment for a purchase at Arrow or the likes to go directly into ownership rather than take 5 years to rent a truck to then pay street value for a heavily used truck?
     
  11. oc83baker

    oc83baker Medium Load Member

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    Leasin is easy, sign the contract here is your key. Lol the hard part is maintaining the lease
     
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