Marten Transport is a piece of work

What you are thinking about is the "breakage, shortage, and loss" clauses in federal labor rules, as well as those of most states. That doesn't apply here, technically, because both parties to the contract agree in advance over the specific amount and the specific conditions, in this case the driver agrees to repay the costs of transportation, lodging, and meals incurred specifically related to orientation if they quit or are terminated for cause prior to completion of six months employment. Other costs that may be incurred by Marten for travel, lodging, meals, etc AFTER orientation (such as when they had to put me in a hotel, then fly me out to the rig, and then reimburse my meals), are not included.

Had the driver been subject to layoff, or later disqualified under CDL rules due to sudden onset of medical problems, or a whole slew of other problems out of Marten's and the driver's control that would result in termination of employment, the driver would not be required to repay the agreed upon amount. Nor does the agreed upon amount cover the true costs of hiring a driver, which is very significant, only very specific amounts incurred under very specific conditions.

The important part here is, the driver can opt not to sign, and Marten would still have to get the driver back home at company expense, and Marten would be unable to recover ANYTHING, nor could they take any negative action, since up until that point the driver is not yet an employee. Any contract entered into prior to employment beginning is legal and binding, because the costs were incurred and contract signed prior to employment.

Under "breakage, shortage, and loss" laws, those losses that occur during the course of employment (damaged equipment, cash drawer shortages, stolen property, etc) cannot be charged back to an employee. You can only terminate them, and then file criminal/civil complaints against them to recover. This is where pet and cleaning deposits come in. Since any need for cleaning, as well as the claimed costs for same, are highly subjective and unknown until after employment ceases, and since the "damage" occurred during the course of employment, the only recourse for an employer is to seek to recover claimed damages in civil court. Hence why Marten no longer allows pets in company vehicles, because the courts have even ruled against them in very obvious cases, where damage caused by pets was extensive and would cost many times as much as the deposit to repair. Rather than spend millions every year trying to recover thousands, Marten just opted to no longer allow pets.

What is odd is that neither federal or state labor laws regarding "breakage, shortage, or loss" are applied to recovery of abandoned equipment. After all, isn't the act of abandoning the equipment done while an employee, just prior to quitting?

Hmm...

 

Right. The recovery charge falls squarely under the law, just like not turning uniforms in. Any damage to the truck or missing equipment does too. They can't take that out, they have to pay you and then try to collect it from you. They only get away with it because nobody thinks to file complaints against them.

 

You are working by the mile. And your income is not guaranteed If you tell some trucking company's you are going to quit 2 weeks ahead of time, you might be doing lots of sitting your last two weeks or slow rolled back to the house while they tell you they are doing there best to get you home, but the freight. is slow..

Believe me, if the OTR company's decide to can you, they are not going to give you 2 weeks notice before they do it.

 

Let's pretend I'm an employer (any industry), and you come to me looking for a job. During the course of checking you out, I see you've changed jobs a few times, all "no notice quits," meaning you just up and quit without warning. Okay, I understand that the industry has a few employers who leave employees no option but to go this route, so I bring you in to discuss it in an interview. You justify the "no notice quits" with your statement above.

Of course, we'll never know how the employer would have reacted to a driver being professional and giving proper notice, because you never gave them a chance. You just went and decided to stick it to them in a way that hurts, believing they would do the same given half a chance.

By the way, you failed the interview, and didn't get the job. I would NEVER hire anyone who failed to give proper notice to their previous employer, costing them money and leaving them shorthanded as a result. I would have to assume you would do likewise to me, no matter how well I treat you.

Remember, your next employer is hiring you, not your previous employer. What you did to the previous employer will be assumed what you will do to the next one.

BTW, in 14 plus years of driving, I've never encountered problems when I gave proper notice of intent to quit, nor have I been fired or laid off from ANY job in the last 33 years without proper notice.

I have, however, seen the many ways drivers can implode their careers in the most spectacular ways.

 

Have you ever been given a 2 week notice when you were laid off / fired or in any other way lost a job because of no fault of your on? my last two jobs I was called in that morning on one and at quiting time on the other and was told, sorry, your a great worker and we hate to lose you but.......... we have to let you go.
So now I am new in truck driving, just graduated school, passed all the tests, got all the endorsements, and still can't find a good job.
Oh and by the way I'm scott, and I am glad to meet you all

 

Well, yes as a matter-of-fact I was given a months notice that things were changing at the company I was working for and I could not work there after April 1st. They asked me to stay untill the end of the month and train my replacement which I agreed to with the stipulation that I would receive a severance payment to include all my accrued vacation and the equivelent of 1 weeks pay for every year I was employed there. They agreed, and I worked through the month of March. I received all that I asked for plus my 401K and ESOP stock the day I left.

I walked out the last day with my head held high and a smile on my face, I shook hands with everyone that wished me well and was told if circumstances changed I was welcome back.

 

Hi Scott,
Glad to meet you too.

I have been layed off twice in my life. First time I was given two weeks notice and offered to take that as vacation time. Second time, I left that day with a four week severance and accrued vacation pay. Unemployment benefits were available in both instances also.

Any decent company will inform you, before employment, of their separation and termination policies. Do not hire on if they fail to meet your standards, and don't complain if you entered into employment uninformed.

BTW. Standard question on past employment questionaires: How much notice did Scott give before leaving your company?

as per: CA Med. Woman. I have never hired any person with a history of quitting without notification, nor have I given a good reference to any employee that has done that to me.

It is called a job market for a reason.
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Thank you to everyone so far for replying to this thread, especially CA Medicine Woman for the well written answers and examples. I took it all in and yet still have to wonder a few things as a person who has been friends with a few Marten drivers over the last ten or so years. One stayed with them over 12 years, another I think it was about 7 and the last literally just a day over a year, someone who left Marten to go drive regional for Schneider last year.

The first friend loved the company and seldom ever had a complaint or a problem that was not easily worked out to his satisfaction, the second one seemed to have more to complain about the longer he was there and the third one was not by nature a complainer and had a rough time of it but stuck it out. The 12 year driver left to drive for a local equipment company, the second is now out pulling entertainment company loads, whatever that means in his case, and the 366 day wonder was still with the Powered Pumpkin People the last I heard and doing okay.

What I am now wondering is was there a huge management shift through the several years the first two had in common? If so was it for the worse such as safety being forsaken for profit as seems to be so common these days? The relatively positive feelings for the company which the the first two had was nowhere to be seen in the case of Mr. 366 Days and I was glad that he left when he did because he looked to be headed out the door whether or not it was of his choosing to do so.

So what went on and has it gotten better at Marten? What One and Two had to say almost got me to apply a time or two as with some other big name carriers but I opted to stay the course and have not yet much regretted staying local and mostly a temp driver. I make less than others but in return sleep mostly at home and without a reefer unit or forklift waking me up at whatever ungodly hour. That is not good enough or the option for others so what is it about Marten now that might or might not make it worth working for? Just curious and thank you for any answers.

 

A friend of mine at Navajo isn't sure, but he believes Navajo (Denver) is hiring newbies right now. Things are tight right now do to the crappy economy, but if you have a good work and driving record, not to mention a bit of patience, there are jobs out there.

I've been laid off from Apex Bulk Commodities. They couldn't afford to keep me working, so they just paid me for two weeks, and gave me a good written reference, just in case (they're still in business). All the other jobs I quit (for various reasons), but I still gave two weeks notice (one needed three, so they got that).

 

Don't get me wrong, Both companys paid me well when I was let go. stay bonus, what vacation time owed me was paid, etc..... but what I am getting at is that most companys, when they get ready to remove you do not want you hanging around, so the let you go on the spot unless they want you to train your replacement as far as my personal work record I have had three main jobs in my working life. I think that in itself speaks a lot towards my work ethic I guess it would depend on the sitituation as to whether I would give notice on my next job. I just think there is a double standard for employers and employees