Lease contract

Discussion in 'Lease Purchase Trucking Forum' started by Melissachree, Feb 6, 2017.

  1. Melissachree

    Melissachree Bobtail Member

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    I'm about 15 months into a lease contract and have till November till the contract is up. However, they are trying to get me to resign the contract because the wording in it reflects me as an independent contractor. A judge has ruled that a person in this contract is actually an employee. Swift is terminating my contract if I dont sign the new contract by March . can I walk away from this whole thing or do I have to sign the new contract. I feel like they are forcing the issue.
     
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  3. Friday

    Friday Road Train Member

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    If they terminate your contract, are there any penalties? If no, then you either walk away then or sign the new one and keep trucking. If yes, then you probably have grounds to sue if they are going to either make you pay a penalty or make you sign a new contract.
     
  4. Melissachree

    Melissachree Bobtail Member

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    The contract has to be signed or else there will be penalties for not completing the contract .
     
  5. Cat sdp

    Cat sdp . .

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    I wouldn't be so sure.....

    They are ending the old contract and telling you to sign a new one......seems to be an out if you want it......

    See a lawyer....
     
  6. uncleal13

    uncleal13 Road Train Member

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    There are no penalties if they cancel the contract.
    I forget the legal term for it, but basically if the party with all the power makes a decision that they know the weaker party may not accept, then they already know ahead of time that some people will leave. Therefore by their own actions they are giving themselves notice of termination by you for you.
     
  7. Scottyboy

    Scottyboy Light Load Member

    Interesting question.I googled Amendment-pretty informative reading.
    What if an employee refuses to sign the new contract?
    Provided the new agreement contains no changes other than new legal provisions, we take the view that you are within your rights simply to hand or post a copy to that staff member, explaining that it constitutes a change to the particulars of his employment.

    If however, you have suggested additional changes too, then your position is entirely different. You must decide how important the changes are to you and whether they are such that they affect the contract fundamentally. If you have failed to persuade your employee that the changes are in the best interests of the business and are reasonable, then you must choose the level of persuasion you are prepared to apply. If the change you propose is substantial, it is likely that your employee would succeed in a claim before an employment tribunal.

    Each case will depend on its own facts, but you should avoid placing your employee in a position of "take it or leave it". Negotiate as far as you can. Be reasonable. Look for alternatives. While every case depends on its own facts, it is unlikely that you would fail to defend the tribunal case successfully if you proposals were reasonable.
     
  8. Friday

    Friday Road Train Member

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    That's the thing, OP isn't an employee. Or is he/she?
     
  9. Cat sdp

    Cat sdp . .

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    What are they doing about the dates..? Just making you sign to the original end date..?

    Or signing all over again...
     
  10. Scottyboy

    Scottyboy Light Load Member

    With out reading the contract-it sure is a guess.I wonder if swift is covering their butt due to the outcome of other lawsuits regarding IC/employee? 15 months into the lease-the op's feet are wet-9 more months to go and so far so good.Maybe this is no big deal.What do you consider yourself-IC or Emp?If they are making a amendment to differenciate between IC n Employee and it doesnt affect you(past 15 mos-future 9 mos)everything stays the same-heck-just sign n drive---------and congrats on 15 mos into a lease!!!
    If you dont like the new contract-or they change alot of things-Dont Sign.I believe you have the upper hand in the end. Just my thought.
     
    supperdude16 Thanks this.
  11. TennMan

    TennMan Road Train Member

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    If you're being coerced into signing a new contract don't do it.

    If you agree with the changes then make your decision.

    They're changing the contract to benefit them, not you! I wouldn't sign it just to better protect them.

    If you have a current valid contract and you've fulfilled your end of it up and unto the point they terminate the existing contract then I don't see how they can legally come after you for violating the contract. They terminate it based on not being able to force you to sign it.

    Sounds like a hostile work environment to me.
     
    not4hire Thanks this.
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