New Rising Fenix...if not the worst...it will do till the worst comes along

If you've never filed a SMALL CLAIMS COURT law suit such as what Kajidono speaks of above, let me tell you what's involved and it's a tad bit more than filing 1 form! Call the county where the company is located for the procedures to file a Small Claims Suit and follow the directions! Look at it a FUN time as you were screwed, now it's your turn!

1st you will need to be able to show up at court on any given day WHERE THE COMPANY IS LOCATED! It takes ON AVERAGE 30 days after filing to make it to court. Be prepared for setbacks and disappointments! Whoever you name in the suit ie: The Owner, or who ever is president at the time you were hired, doesn't keep continuing the case till you tire of the game and give up and forfeit the $25.00- $50.00 filing fee. (You didn't think this was going to be free did you?) I know, I have gone through this 2 times in my life after pulling some low life's trailer for them! That's why I ONLY drive for someone within 500 miles of my home! If I can't drive to work I don't need the job and I actually have never driven for someone that was more than 175 miles away from my front door! I also don't do Greyhound well at all! It's worse than teaming! LOL

You file with the court after writing a summary of who you worked for what you were to be paid, how long you were there, the hours or miles you ran, what money you spent what you "should" have been paid, in other words you need to have every thing you did written down AND a copy of the employment agreement and company handbook so the judge can figure out what is what. Hopefully in this day of electronic wonders you made a copy of EVERY piece of paper that you signed while in the truck from BOL's to fuel, scale tickets, trailer washouts, showers (keep the little stub you get when you slide your cards) logbooks (you should be keeping a these for your taxes at the end of the year for your per Diem) (NOTE: I hope you aren't doing some STUPID company per Diem pay deal as YOU are getting screwed out of tax dollars at the end of the year.That company is actually doing this so THEY don't have to pay to the government and it screws you ! Do you really think they would go through all the trouble and costs of figuring out your taxes for you? HMMM?). In other words when you hire on with anyone these days you have your laptop and a nice scanner (Cannon has a great small one for about $60.00) and you scan every thing that involves anything in your world about that truck! If you are to cheap or old fashioned to own a laptop and scanner then pay your $.25 at the fuel desk for copies of everything you do! Remember, a picture is worth a thousand words and in your case whatever you are supposed to make per mile!



Then you get to do your impersonation of Perry Mason in front of the judge! I hope you have the gift of gab and can dress in something better than a T shirt and sweat pants! (IMPRESS THE JUDGE!) Have a list of things you need to bring up and use as evidence (Just like all of these law shows as what you are doing is the EXACT same thing!) Also I hope you have a better grasp of the English language as some of the posts I read in these forums, my 15 year old son could write better and the statement you write and give in court needs to be better than listening to the Beverly Hillbillies! Also be prepared for whoever you sue to have a lawyer! Nothing says that either one of you CAN'T use one for a small claim! You don't HAVE to have one for a small claim!


Then, there is a waiting time (in GA its 45 days) after you win the decision of the judge and I hope you have a checking account number of whoever it is you sue, as that's the ONLY way you will be able to collect as with most of these cases if they don't pay, you have to return after the waiting period and give the clerk of the court the bank information so they can type up a court ordered forfeiture of monies and they will take it to the bank and get your money if any is in the account. I so enjoy watching as a preprocessor is towing all of your ex bosses equipment away because they bounced a ton of checks, as the bank doesn't have to notify the account owner about the court ordered withdrawal until the monthly bank statement is sent out! They (your ex boss) already KNEW the court ordered them to pay you so they SHOULD have already done so, but some people think they are above the law! Talk about some bounced check charges!

If you think the time you will loose from your new job, such as the time you will spend going to court, driving time, cost of fuel or gas, lost miles and the aggravation then go for it. [FONT=&quot]
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If you are looking for a nightmare then go to New Rising Fenix and you will find it. They have the worst truucks in the world to drive and their trailers are the same. They will tell you in orentation that you will get paid every friday, thats a lie. You will get great benifits thats a lie. You would be driveing safe equipment which is a bigger lie. You will get good miles and you will always be running thats a even bigger lie. You will sit more than you drive and you will not get paid for it. They can not even pay for their fuel because they have to relie on the drivers getting the loads deliveried so they can pay for the fuel. When you break down you will find out that they FRANKENSTIEN THEIR TRUCKS to keep them running. That means they take parts from the trucks that are already broke down and put them on the ones that are running so you will brak down later for the same problem. When they say New Rising Fenix remmember the owner is his wife who dont know if she is comeing or going. This company just had to send back half of their trailers because they couldn't pay for them. They had drivers driveing thru the state of Organ and they knew that there permit was suspened and did not even tell the drivers and had driver driveing on expired permits and have the gaul to say that the drivers are dummys. Take this warning if you see this name on your laptop, your computer, your caller id box, in your mail, throw it away eras it because if you don't you will find nightmare at New Rising Fenix. And they are at 100% on D.O.T. in the RED. They have no qualcoms they have no prepass no pike pass no pass for anything. And if you ask for an advance don't because you wont get it and if you do they will charge you double for it. One thing you also need to know. They have slip seat.You have to clean each truckout that you get in because the person who had it first may be nasty as a bum. Leaveing nasty cloths and trash and all kind of things in the trucks and the company wont clean the trucks out they wont you to do it.This company will charge you for things you don't do even when you are at home for your home time.And they wont even tell you and when you ask about it they will give you the run a rounds. A lot of drivers have gone anywhere from2 to 6 weeks without pay and the first thing they say is they are working on it and they will call you with an answer which is a lie. This company should be called " The New Lieing Rising Fenix " truck company.

 

See.
I hear all kinds of crap about the big companys Swift, wearner, central, stevens, CRE, and all the others. None of them are as bad as this company sounds.
Kind of sad really.
We are in a time now that the trash companys should be going under. They are not partly because banks are allowing them to make part payments on equipment and other stupid things like that.
They are extending the low freight.
If companys would be left to follow there natuaral course we would not have the over capacity we have now.
Though companys like this one it seems will go under eventually. But it will be from lawsuits due to unsafe equipment.

 

LOL so the QComm finally got cut off! We had gotten a message about the first of August from Qualcomm them selves that the service was going to be shut down but Charlie Daniels (the actual owner, boss, cheap assed fat assed old fart) managed to come up with some cash! This "Owner" is the laughing stock of Mt Vernon, MO and the TA there (Exit 48 I44)just look at the drivers that come in from the yard to fuel with pity in their eyes especially the older lady at the fuel desk!

And the part about the trucks used as "hangar queens" is true! My last time down there when I cleaned out my truck there were about 5 or 6 sitting there with 4 tires on the drives and no engines! Randy the shop foreman even has his own truck leased on to this bottom feeder company and he gets screwed as much as the company drivers! Last I heard from the guys in the shop they were 3 weeks behind on pay and prayed everyday they would get that money! Randy lives in the area and this area sucks big time in the job market! Springfield has lost over 6000 jobs this year alone so Randy has no choice but to stay there as shop foreman and has to abide with working the short end of the stick by parting out trucks to keep what they have breathing! They have a second "garage" in the building that has pallets full of engine parts that he has to go to first for parts and only "if" nothing is there can he order a part and then it has to be reconditioned before he can buy with approval from Charlie! Heck they could pay off half of their debt if they were to sell all the trash in that scrapyard of a terminal!

And yes, the only drivers they can get are those of us no one else will hire! I'm out due to medical, age, over experienced and a safety issue with my old company and that's the only reason I got on there and I almost walked out on the orientation when I got that funny paper of a company hand book with more reasons why they would keep your money than rules in a jail! I still have that thing and I might just try to copy and paste some of the better pages here so you can laugh along with me! I do believe they have started a "per diem" pay plan that they didn't even tell me about until I finally got a pay receipt which if they had told me they were going to start that I would have told them to bring my arse on into the yard as I didn't need to get screwed that much!

I'm still waiting for the back pay but I doubt that I'll see it but what goes around does come around! I won't take much more to push Charlie and New Rising Fenix over the edge and I'm biding my time till it happens!

If you are stupid enough to hire on and get bussed to orientation bring enough cash to stay in a motel and eat on as they own this falling down trailer in the woods that they will put you up in during orientation. Bring cleaning supplies and bug killer as God himself only knows whats alive in that dump! Myself I'd drive there so you have a way home!

 

I take the prize for idiocy in that I worked 4 these lovely people 3 times. For all the horror stories I can add,I made very good money with them bcuz b4 the DOT finally put their foot down on Charlies neck,they were a legitemate outlaw company and I consistently got over 4,000 miles a week.Once the DOT audits became quarterly they decided it was all going 2b by the book and if your log book didn't match your qualcom then-u guessed it- a $100 fine.At that point,I figured I might as well drive for a respectable company.
For reasons I could never understand,NRF had 2 very good customers: Schnucks and Merle Norman.Without Schnucks they would've gone under years ago as most produce loads from the west went to them.
I've been off the road 4 the past year and frankly just assumed that they were dead by now.The fact that they're still gasping for breath brings something close to admiration 4 Charlie Daniel.The way one might admire Bernie Madoff
I had a roll-over in '01 and took a couple of years off so companies weren't exactly beating down my door when I was trying 2 get back in trucking,except Rising fenix! After being there 4 awhile and talking 2 other drivers I soon realized I was over-qualified.Go with this company only if you're looking 4 good material 4 a book.

 

Shutting down today for good, AGAIN !!!!

 

This is new news! New Rising Fenix has closed the doors! This info came from another site but reads as follows

In the process of litigation with New Rising Fenix, a motor carrier based in Mt. Vernon, MO, I was recently provided a copy of a fax memo send by the General Manager of New Rising Fenix to FMCSA stating as follows:

Please be advised that New Rising Fenix, Inc. will be closing its doors for good. Our trucks and trailers will be returned to our lot in Mt. Vernon, MO no later than Friday, December 11, 2009. Pleae cancle our DOT# 903187 on December 15, 2009. (The reason for the difference in dates is just in case we have a straggler that can't get back to the yard by the 11th.)

If you have any questions, please do not hesitate to call. I'll be in the office for the next 6-8 weeks closing out the books. My telephone number is 417-466-3770.

Please cancel our DOT audit scheduled to start Monday, December 7, 2009.

Thank you,

[Name omitted]
General Manager

995 E. Daniel Dr.
Mt. Vernon, MO 65712
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Now that is one way to get out of an audit! Just send FMCSA a letter you're closing the doors! Bet he'll be back inside of a year with another Name and the same scam!

 

Be funny if they didn't "cancle" the audit and threw in an IRS audit for good measure.

 

Rollover, I bet you are right!.They been in and out of business for years. It appears that some people here have had a bad experience with them. In the 80's they couldn't keep drivers. They came in the front door and went out the back. I for one truly hope the memo is right."We are closing the doors for good"! Its about time!