Yet another contract question...

blacktopbuccaneer

TB Lurker
Credits
0
Ok, I know these are out there by the thousands, and almost all are preceeded by various complaints. Yes, I have my complaints as well, but I'll save them for another time. Here's my situation...

I was working for CRST, started on 10.13.2014 at their school in Cedar Rapids, IA. Got through all of that and got my CDL. Sat around a few days before being put in a rental car from Cedar Rapids to Carlisle, PA because thats where I was suppposed to finally meet my trainer. Went on the truck for my 28 days/12,000 miles as of 11.05.2104. Trainer was already on a tight run from Atlanta to NYC when he picked me up, so we never got to do the whole 3 to 5 days of me driving and him teaching from the jump seat. We basically went straight into team operations and ran like that from the word go. Trainer knew his stuff, but could have been a better teacher...but, some people can teach and some can't. This one really couldn't, didn't the effort, whatever. All I know is his admission that the only reason he was training is that he had to train two students to get into the lease option program. Anyway, 28 day program, we're running like nobody's business, barely stopping to rest, team ops from the start. I have a couple of minor incidents, no injuries, with the icing on the cake being getting stuck on a set of raised railroad tracks while trying to make a turn to get to the drop yard we were headed for. Everything is cleared up, we get off the tracks and I get a lovely citation from CSXT Railroad PD for Reckless Operation. The next morning I am told that I am being terminated. This all happened on 11.22.2014.

I get home a couple of days later, and working from the information my former FM gave me that I am out of contract, I began making phone calls and looking for new work. That just got the axe because I was just made aware that I am listed as still under contract to CRST until such time as I repay what they financed for my training. With that being the case, I am now very limited in what I can do in this field at the moment. So, in this type of situation, I have two questions....

1. Is there any legal way I can get out of this contract so that I can get back out there and continue trying to make a living?

2, What advice can be offered in regards to getting that citation either lowered or dismissed and who would be a good legal firm to call that deals with CDL matters?

Thanks in advance for any info offered!
 
Welcome to Truckingboards. Your situation is certainly rare and finding others to use as reference would be tough. Did they tell you in what way you were out of contract? Do you have anything from them in writing? Do you have a copy of your contract? Does it address situations like yours? There must be a paragraph that addresses your ultimate disqualification from employment with them. Most any lawyer should be able to address it for you but it will/would cost you a bit of money, they are not cheap. A newly endorsed CDL driver with a couple of accidents will make it rough for you to find another job. If they did not train you like they were supposed to and training is promised to you in the contract you could have a case against them for breach of contract, once again it would not be cheap and recovering your expenses is improbably. I wouldn't bother calling them as they will have little or no time for you unless they receive a letter from a lawyer.

Sorry to hear of your troubles and good luck.
 
I am getting ready to seek legal counsel in this matter. Some have suggested this may be a violation of my civil rights since, although I am terminated, they are preventing me from continuing to work in my chosen occupation.

Training with CRST feels like a crash course. Betwee classroom and practice yard, we were trained up just enough to hopefully pass the DOT test. The balance of our instruction was left in the hands of the Lead Driver we are assigned to and they have 28 days to teach us everything we need to know. A student is supposed to get 3 to 5 days of solo driving with the Lead in the jump seat, giving instruction. I didn't get that. Due to the loads my lead had, we were essentially forced into team operations from the first day with my first "real world" experience being driving out of NYC at night and in pouring rain. We barely stopped for rest and my lead had been out for two months when fleet put me off the truck last week. So, training was less than stellar, and my lead...while being a decent guy who knows his stuff....wasn't teacher material. In fact, he admitted that the only reason he was training was CRST required him to train two new students in order to move into lease option to get his own truck.

So, here I am now, trying to fight this ticket and trying to find a way to work around this contract. I have no problem paying it off, I just wish they'd clear my status and send my papers so I can get back to earning a living.

CRST Contracts department is sending me a copy of my contract paperwork. They advised me that it states that I am liable for the amount financed regardless of whether I was fired or resigned. The lady I spoke to also said she would investigate and see if there was any way to get me back on the road with CRST, so I'll see what happens with that.
 
Good luck with it. An attorney could well help you out and I'd bet that your contract violation would disappear quickly if they received a letter from one. If you were not trained as per that contract they are in violation first and you should be quickly cleared. I'm guessing you signed it without reading it? It's probably hard reading anyway and I'd expect that most don't read the whole thing.
 
Get a good lawyer and never sign a contract next time and go to any trucking company web site they are all hiring , with little to no experience !!
 
Get a good lawyer and never sign a contract next time and go to any trucking company web site they are all hiring , with little to no experience !!
When we signed on with them Wong , I signed my name on the contract as Jamie Pierson .
 
Your bag isn't big enough to cover all that hair...

UlPxV2o.jpg
 
Top