I agree you always have some company people who say that is the way it and always will be and there is nothing you can do about it ,your a trucker and you are going to get screwed over so just accept it as hard work.I would like to see the trucking industry taken completely down and start over again and this time no phony mileage or percentage pay where you will never be payed for all you do but pay by the hour then you would see the delays and bad dispatching come to a halt. With a lot of big rigs costing between $80,000 and $200,000, the only option is to seek lease purchase trucking companies to help pay for your rig. Click here to download a sample letter form to a debt collector, Swift or IEL. Merger or Take Over? We are hopeful that the Court will affirm our position and reverse the District Court, since the Circuit already ruled that Plaintiffs were correct on this precise question in its prior ruling on the mandamus petition. Swifts appeal does not dispute that the District Court reached the correct decision. If the 9th Circuit reverses Judge Sedwicks order sending the case to arbitration, a hearing will be held in the District Court to decide if the trucker plaintiffs in this case were treated as employees by Swift. The Ninth Circuit had agreed to stay its decision, giving Swift 90 days in which to make another stay motion to the Supreme Court, which it has not done. 1975 X $.90= $1777.00 The fuel for trip is calculated as being aprox $1056.63. We have to much investment to just change jobs. Swift is routing certain owner operator drivers to select terminals to meet with its lawyers. Its all subsidiary companies that own all of Primes trucks. Click here to review Defendants Letter Brief requesting transfer of the case to Arizona. Because the Supreme Court has grantedcertiorarito (agreed to review)New Prime Inc. v. Olivera,theNinth Circuit Court of Appeals has stayed Swifts appeal of the Arizona District Courts January 2017 Order(in which the District Court ruled that the case cannot go to arbitration because the named-plaintiff drivers were/are employeesnot independent contractorsas a matter of law). November 12, 2013. If we all use our resources wisely there wouldnt be government babysitting us. The court rejected that argument at docket 546 and then again at docket 605 after a detailed analysis of other Section 1 cases and applicable case law regarding employment classification. Swift offers several lease programs to help drivers get into their own vehicle. Optional emergency fund 5. Click here to review the Parrish affidavit. Show more Hide chat replay. . Judge Sedwick was considering three motions, Plaintiffs motion for permission to mail a collective action motion to all owner operators, Plaintiffs motion for a preliminary injunction, and Defendants motion to move the case to arbitration. Hire drivers on, as lease operators. The case in the district court will continue on the same schedule the judge set, and at the same time, both parties will argue the appeals. Purchase option amortizes weekly with lease payments 6. That works out to just shy of $17,000 per driver. The entire swift growth began on back stabbing and throat cutting practices and this penalty is a mere rap on the wrist.. CRST should also be in the mix if trucking companies being sued. FORMER employees are encouraged to call Getman & Sweeney and ask to speak with Dan Getman or Carol Richman. A known fact Knight is actually partners with the 3 sons of the founder of Swift transportation. ALSO, DRIVERS WHO HAVE CONTACT INFORMATION (SUCH AS NAME, TELEPHONE # OR ADDRESS) FOR FORMER MANAGEMENT EMPLOYEES OF SWIFT AND IEL ARE ENCOURAGED TO CALL JANICE PICKERING OR KATHY WEISS TO GIVE CONTACT INFORMATION. Getman Sweeney would like to speak with former Swift Owner Operators who have documents or other evidence (such as photographs, emails, QualComm messages) concerning: 1) collections efforts by Swift after turning in their truck or having it repossessed, or We will post more information as it is available. Click here to read Swifts petition for certiorari. Plaintiffs have asked the 9th Circuit to permit an appeal of Judge Sedwicks decision to send the case to arbitration. Both courtsdenied Swifts motion to delay the proceedings. 5 years wasted. By continuing to use our website, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Oral Arguments for both the interlocutory appeal and the Petition for a Writ of Mandamus have been scheduled for Monday, November 16, 2015 9:00 A.M. Among other things, it prevents employees from having access to much of the internal company documents that can be necessary to win their claims. The Ninth Circuit Court of Appeals issued a ruling today holding that a Court must determine whether the Federal Arbitration Acts exemption for employees in interstate commerce applies to truck drivers such as the Plaintiffs in this case. It is a small step in accountability. The company people use it on vacation, that few of the drivers get to take! Click here for decision. If you decide to contact Swift Transportation about company driver or lease purchase opportunities please call Michelle Cantrell at 864-968-7605 and give her my driver code of WIRDA1 or give them my truck number 222999. Pretty much that is all carriers none that I know actually pay you for the amount of miles you actually run hell on weeks where I do eventually put in a 3000 mile pay week I pretty much put in about 3300 to 3500 and we have to always log everything we do because of dot saying if we are away from home we are working so then they should start paying us for that. What did you want Top Pay? December 01, 2021 12:45 PM. Elizabeth Parrish has filed an affidavit stating that a lessee [in default] is responsible only for costs incurred by IEL in preparing the truck for re-lease, and any lease payments missed prior to the re-lease or sale of the truck. See Paragraph 9. or less. All these companies are very reminiscent of the old coal mines and the fight that took place at Matewan. Screwed again by swift, It just sounds like driving a truck is just not what it used to be and you cant make a good living at it anymore. X | CLOSE. What's so good about a company paying Owner Operators below the standards of Owner Operators. This is a big milestone, said driver attorney Dan Getman according to the Wall Street Journal. Because the release language in the settlement could be taken to mean that Owner Ops give up claims which are being raised in this case: such as whether Swift engaged in Forced Labor by using the DAC Report to force drivers to continue to work for Swift, Getman Sweeney is extremely concerned that settlement is not in any Owner-Operators interest. If the drivers are employees, the case cannot be sent to arbitration. I drove for swift now read all this glad I didnt. No big company is going to pay you for each & Every actual mile you drive. The defendant has made payment to the settlement fund. On July 21st, the Court extended Plaintiffs deadline to file reply papers on the motion to August 3, 2010. last edited on Friday, July 23 2010 at 3:17pm. (FINAL Letter Brief Opposing Transfer.pdf 70KB) Any truckers interested in seeing the 90 pages of exhibits that were attached to the Court filing should contact Getman Sweeney for a copy. Despite numerous decisions to the contrary from Judge Sedwick, Swift continues to argue that the question of whether this case should go to arbitration (and, by extension, whether Drivers are Independent Contractors or Employees) hinges only on the evidence from the Contractor Agreements, and not from any other source of information (Dkt 15-15257 16-1). Swift allegedly made unlawful deductions from the drivers' pay for truck lease payments, gas, equipment, maintenance, insurance, tolls and other expenses. In CDL School Now We will post more as new information becomes available. Court Finds Massive Offshore Oil Lease Sale in Gulf Based on Faulty Legal Analysis Victory: Environmental groups respond to court decision halting lease sale Contacts Lauren Wollack, Earthjustice, (202) 285-5809, lwollack@earthjustice.org Brittany Miller, Friends of the Earth, (202) 222-0746, bmiller@foe.org Posted on Tuesday, April 6 2010 at 11:53am. The court has asked Plaintiffs to respond no later than February 10, 2017. My lease with Landstar states in bold print that I am not a Landstar employee. Plaintiffs objected, noting that the Lease agreement requires that claims be heard in Court. We continue to believe that the Ninth Circuit will unequivocally deny Swifts efforts to take the issue (which the Ninth Circuit directed Judge Sedwick to hear) away from Judge Sedwick at this point. No fixed expenses for 2 weeks ($1,038 - $1,538 Cash Savings on truck payment, insurance, escrow, etc,) 1 year lease: $2,000 completion bonus. Swift also filed a motion with the District Court asking the Judge to stay proceedings in the District Court while the appeal was pending. public transport to Haarlem. We do get ripped off a lot. Click here to read Defendants Response Brief. Scheduling Order Set By District Court Posted October 7, 2014. The motion is still pending in the District Court. The details of this process are set forth in the settlement agreement, available here. If you received a settlement check and need IRS tax forms, please contact the settlement administrator, Settlement Services Incorporated, at 844-330-6991 or claims@ssiclaims.com. During the period that the parties have been waiting for the Courts decision, the Drivers have served discovery demands and held many meetings to discuss the scope of discovery. We expect the notice of settlement to be mailed on or around August 16, 2019. 805 17K views 6 months ago If you decide to contact Swift Transportation about company driver or lease purchase opportunities please call Michelle Cantrell at 864-968-7605 and give her my. The owner of Prime is a very rich man. My truck is dying. Funny how you should mention that in January, and 3 months later its a reality. FINAL APPROVAL GRANTED! THE COURT HAS NOT YET RULED AND TAKES NO POSITION ON THE MERITS OF PLAINTIFFS CLAIMS FOR RELIEF. (287 D Opp to Pl. Late last year, Swift estimated that it would need to pay $22 million to the 1,300 class-action members who brought a suit against Central Refrigerated (which Swift Transportation now owns). The Ninth Circuit agreed to stay its decision but only for 90 days, giving Swift time to make another stay motion to the Supreme Court. The lease purchase program is a convenient way to own your own truck. While positions were discussed, no resolution was reached at that time and no further on-going discussions are currently planned. We lease now and loads have dropped to almost no pay. The lawyers here were required to find counsel in Virginia and file a motion and You all know you dont get paid for the miles you drive. Instead, Swift argues that the District Court erred by considering the Lease as well as the Contractor Agreement and the parties relationship in reaching its decision. The decisioncould possibly have huge ramifications for up to 15,000 former Swift drivers, and even owner-operators with other companies. 3 Years The drivers asked for limited discovery on this issue, while Swift argued that the determination should only be made by considering the Independent Contractor Operating Agreement. Judge Sedwickruledthat the drivers were right. (172 D Response to P Motion for PI.pdf 125KB) Drivers who have information contrary to the claims raised by Swift are urged to call Getman Sweeney and speak with Janice or Kathy. This tactic was fully expected. Pathetic! Paradies Lane, where our office is located, is a spur and does not have room to turn around a trailer. If you dispute the debt, the debt collector must cease collection efforts until the debt is verified. After all of the briefing is complete (by September 16, 2016), the Court will rule on the misclassification issue. They alleged that the drivers were not independent because Swift was able to terminate the lease for any reason and demand that all lease payments be made despite termination of the lease. Plaintiffs filed an application for aTemporary Restraining Order and Preliminary Injunctionwith the court on Monday, January 30th, and we received a response from the court the following day, January 31st, with a schedule to address our concerns. Road Trip from London to Holland for Tulips. The case law supports Drivers view. Each company we work with has specific experience requirements for their drivers. Tennessee, Chatanooga. The Drivers believe that other factors illustrate the relationship between Swift and the Drivers (Dkt 15-15257 21-1). We expect the checks will be mailed in mid-April 2020. DONATE NOW! We believe the contract is unlawful, deceptive, and coercive, and we are asking that the Court grant a temporary restraining order and preliminary injunction:(1) enjoining 16 and 17E of the new Agreement; (2) requiring Defendants to inform all lease operators including those who have already signed the Agreement that paragraphs 16 and 17E have been enjoined and are no longer operative; (3) enjoining Defendants and their counsel from engaging in any further contacts with current opt-ins and putative class members regarding the matters raised in this suit, including communications that request or require LOs to enter into agreements that may in any way impact the liability or damages issues that are currently pending before this court, without first informing Plaintiffs counsel and obtaining permission from the Court. This stay application is not surprising, since Swift has shown it will do anything it can to avoid or delay having the Court hear the drivers case. Paragraphs 16 and 17(E) do not waive or limit any rights or remedies you may have under any state or federal wage payment laws and statutes, including the Fair Labor Standards Act. Please call if your lease ended over three years ago and you wish to join the case. Click here to review our letter brief. (187 p Reply in Support MOTION to Certify Class.pdf 78KB), Posted on Tuesday, July 20 2010 at 2:33pm. 352 Drivers Join Lawsuit Against Swift August 8, 2013, As of this date, 352 drivers have joined the lawsuit against Swift Transportation. Taylor Swift has told a federal court that she wrote all of the lyrics to her 2014 hit "Shake It Off," and said she had never heard of the group 3LW or their 2001 song "Playas Gon' Play" before a . Work for them a year like I did and see if you dont open your mouth about being underpaid. The drivers brief will be due July 22nd. In response to Swifts continuing refusal to participate in the discovery process, Plaintiffs filed aMotion to Compel Discovery Responses (Docket # 631)from the Defendant on April 1st. Plaintiffs moved to dismiss that appeal, but that motion was denied by the Circuit. Aside from the fact that I dont have to deal with load boards. There are significantly greater costs to arbitration for both the Plaintiffs and Swift. Im working for a poor excuse for an Owner Op thats trying the same bull with me and he keeps trying to 1099 me and next week Im going to find another carrier to work for. Click here to read the Plaintiffs motion papers. Mail may be slower than usual due to the COVID-19 situation. The Order reads, in part. Swift is publicly owned. Class A Drivers.com offers a full host of recruiting solutions to fit your needs. Defendants also asked the Court to permit them to make a motion to transfer venue of the case to Arizona that is to seek home field advantage. Swift Trucks Inc Corsicana, Texas 75110 Phone: +1 888-768-5954 Email Seller Video Chat View Details Get Shipping Quotes Apply for Financing Heavy Duty Trucks - Sleeper Trucks 1 2020 FREIGHTLINER CASCADIA 126 Sleeper Trucks For Sale Price: USD $108,000 Get Financing* Stock Number: 200401 Mileage: 306,819 mi Engine Manufacturer: Detroit While the Ninth Circuit may take as long as it wishes, either to schedule oral argument or to decide the appeal without argument, we believe there is a good chance we will be scheduled for oral argument during the Courts November calendar. Like PT Barnum said there is a sucker born every minute. So, the drivers filed a motion in the District Courtto compel Swift to answer discovery. (billing dispute form.pdf 6KB) If you wish to send your own letter or are not a plaintiff in this case, please make sure you send the letter by certified mail, return receipt requested. Please select the number of verifiable months youve been driving professionally using your Class A CDL within the last 3 years. Plaintiffs also replied to Defendants opposition to compel testimony (672) on August 11th. I will probably not have anything close to 2k when I am forced to stop due to ill health. On May 24th, 2017, Swift filed an appeal to the Arizona District Courts Order and Opinion (Jan. 2017) in which the District Court ruled that the five named-plaintiff drivers are employees, not independent contractors as a matter of law, for the purposes of 1 of the Federal Arbitration Act. Click here to see Swift and IELs reply. Swift along with many other these major trucking companies short many drivers on pay they work for.