Merry Christmas - "You don't have a job - Try a temp agency"

Discussion in 'Report A BAD Trucking Company Here' started by Windjammer2, Dec 27, 2008.

  1. abjz71

    abjz71 Light Load Member

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    i would contact my local D.A.'s office you enrolled in there program under the understanding that upon successful completion of there training program you would be employed by them that in my eyes constitutes fraud
     
  2. MGASSEL

    MGASSEL Road Train Member

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    Just goes to show people you can lead a horse to water but you can not make him drink.

    We are giving you good advice about how to get out of the cotract but you refuse to listen.

    Do you really think it will get better if you wait are you suppose to be homeless before you will listen?

    I mean come on wake up and smell the coffee you were to work for them in exchange for the schooling they can not provide you the work then they are in breech of the writen contract!!!!!!!!!!!!!!!

    WTF do I need to draw a picture for you.

    You have a contract that they must follow or you are not responsible for the 4000.00.

    The reason they hired a new collections person is for people like you that are dumb enough to pay them for not holding up to their end of the deal.

    If you do not take action to insure your intrest are protected who will?

    ps once you are off the truck for a extended period they will want you to start over will you sign another contract for 400.00 to total 8000.00 and still get the same song and dance after the training.

    You and others need to get some b*&** and stand up aginst swift.
    Contact the da's office, news chanel's who ever will listen to your complaints and they will get theirs quickly.

    Matter of fact I may contact them and refer them to this post so they can gain info for the investigations.
     
  3. Texas-Nana

    Texas-Nana Princess Drives-a-Lot

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    I'm deeply sorry for your troubles and for your worries about money. But I wanted to ask a couple of things and also to point a couple more out.

    My questions are:
    1) On your contract, doesn't it in fact read that payment for the school doesn't start until you're placed in a truck?

    2) Weren't you paid during your OTR training?

    3) Weren't you told during the first couple of days in class that there was a waiting list of 60 people and that it wasn't possible for them to tell you how long you'd wait for a truck?

    The points I'ld like to make are:

    If classes have 30 people in them each week, that's a minimum of 120 people a month. If they've still not placed people from October then they'd have 120 from October plus 120 from November, which would be 240 people minimum. That figure doesn't line up with the 87 you spoke of. So obviously some had to have been placed in trucks.

    I thank you in advance for clarifying these points for me and I hope there's a happy and good resolution to your situation very soon.


    *edited to add*

    Never mind, please disregard my questions and my points as you've graciously pointed out on the other thread that I'm just "a wannabe".

    Have a lovely evening.
     
    Last edited: Dec 28, 2008
  4. Windjammer2

    Windjammer2 Light Load Member

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    It would appear I was not clear enough -

    From the contract: (in caps)
    "THIS IS A CONTRACT FOR TRAINING NOT EMPLOYMENT WITH SWIFT. IT IS YOUR OBLIGATION TO REPAY YOUR STUDENT LAN REGARDLESS OF YOUR EMPLOYMENT STATUS"

    I learned, long ago, to have my ducks in a row and my facts straight prior to making any accusations and this will be the process if, in factm I decide to pursue this legally.

    In any event, thank you for your input.
     
  5. MGASSEL

    MGASSEL Road Train Member

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    Yes but they did they not put in the contract that it would be deducted from your weekly pay once you are employed by swift? If those words are there that is an implided contract of employment.
    The statement of it's a obilgation to repay your student loan regardless of employment status is for the people that do the training and quit once out with a mentor or after they get their own truck or before they got the truck assigned.

    I see this as fraud by swift because they train their own students if needed for their company you do not get a training certificate to use for another otr carrier.
    Swift will take anybody from other schools too.

    Just for anyone who thinks this is a bad thing swift is doing I have emailed dateline and 20/20 and gave them the link to this post and suggested to look around on this forum regarding swifty. Don't be suprised if you see good ole swifty being under investigation on tv soon.:biggrin_255:
     
    Last edited: Dec 28, 2008
  6. Windjammer2

    Windjammer2 Light Load Member

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    First, please accept my apologies - You had asked what page we were supposed to be on. It was my intention that we, (as fellow drivers) could be on the same page and given your status (wannabe) I made the comment I did.
    No offense was intended.
    I would like to answer your questions -

    1) Yes, the contract does state that repayment shall be from paychecks.

    2) Yes, I was paid during the 6 weeks with the mentor.

    3) No. The first time I heard of any waiting list was with my DM Christmas Eve morning.

    Surely they have placed drivers with trucks. I saw a couple of names in October. Yes, they begin each class with anywhere from 30-40 students. By day 2 that's cut down a few. By the time the range work begins a few more have dropped off. By the time the MVD CDL tests rolls around it's dwindled even further. I believe the final number just before we got with our mentors was something like 22. I could assume that number has been reduced even further. Someone along the way told me the after the first year the remaining classmates from any given class might be 3-4.

    Again, sorry for the offense. Texas-Nana
     
  7. MGASSEL

    MGASSEL Road Train Member

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    Repayment from future pay checks is a contract / promise of employmet.
     
  8. Windjammer2

    Windjammer2 Light Load Member

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    They have not told me I am not employed. They have not told me I will not be getting a truck. They have only told me it's postponed until I get put into a truck, even though it could be months. The contract gives no timeline.

    I am trying to look at this from a legal standpoint, and from what I've taken from all this, is that the court would side with them, even though the contract is somewhat ambiguous. On one hand it states repayment shall be via payroll deduction. On the other hand it states I will repay it no matter what my status is even if not with Swift and it is not a contract for employment with them.

    It's a little sticky, at best.

    I think a call to a lawyer tomorrow would be in line, albeit I'm hoping the first meeting is a freebie as there's no money.
     
  9. dancnoone

    dancnoone "Village Idiot"

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    So, you are currently laid off. Sounds like unemployment time to me :D

    If there is anything to dispute, I would let Swift to the disputing. They would provide that dispute in writing to the state unemployment agency. Which would lend itself to documented statements an attorney could use in the future.

    Yes they will dispute. Saying you're not officially hired. Yet they expect you to sit quietly at home waiting for a truck. Or ding your DAC if you go elsewhere.

    I don't think so.
     
  10. Texas-Nana

    Texas-Nana Princess Drives-a-Lot

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    Your apology is happily accepted. Thank you. And thank you for the clarifications. :yes2557: