Comments By Daniel

I'd say that is a fair way to describe it. There is a lot to it though. Trying to reduce it down to such a succinct statement dulls the nuances involved in this whole process of Paid CDL Training Programs.

I understand. I'm am looking at it from the end of it than the beginning.

A clear explanation to those that owe the money does not need the term 'contract' to explain why they owe the money.

Also in response to the cost. The claims department told me I owe $5,000

Yes you do as you signed up for company financed training.

You borrowed money from CR England in simple basic terms. They would have forgiven the loan if you was able to work a year for them.

Anyhow, I know the second accident wasn't your fault- I get it. The gate moved while you were in motion, the gate hit you, you didn't hit the gate.

Reguardless, keep at it, I know you will succeed.

Daniel said:

No, I am saying that appear like employment contracts when in fact they are financed loans. All about clear and simple language.

Actually you are assuming they "appear". You apparently never saw one. And every company is different and even Prime's has changed over the years.

Mine specifically stated : "This is not a guarantee of employment" in bold capital letters.

Lease ops are not "employees" but are independent contractors. So to say one needs to be an employee for. Year would exclude them from leasing.

Mine gave me an amount I would owe if I left. Please stop trying to imply the "evil mega carrier" mantra we hear so often.

For me...the local schools wanted $9,000. I was $72,000 in debt to the point I couldn't afford a bankruptcy attorney. Prime offered me transportation, lodging, a $200 weekly advance to pay for food on the road, and CDL school all based on me staying employed by them. Even if I left i would still have my CDL to take elsewhere.

Two years later I was completely debt free....5 years later I have tens of thousands in the bank and even more in investments and 401k. I could go buy a modest house in cash or even a brand new truck.

There were no surprises or lies or hidden agendas as you implying.

Regardless.... Any trucking company is going to have the right to terminate a driver they deem as unsafe. And since some have been in business for a half a century or more....training millions of drivers that are driving the economy of America.... Well.... Lets just say they know what they are doing.

People call prime a starter company....yet our walls are lined with plaques representing drivers who have been here for decades.

I'm not saying nor have I said a single bad word about any organization.

I am simply clarifying what 'paid' company training actually is- a financed loan that has the possibility of forgiveness if one succeeds. If one fails then they are obligated for the costs of their training.

It isn't about right or wrong, it is simply about what paid company training is in as simple of language that can be spoke.

That's what is frustrating when Daniel tries to tell people that they should be able to find a work around on these contracts.

No, I am saying that appear like employment contracts when in fact they are financed loans. All about clear and simple language.

It is only 'paid training' if you succeed, otherwise it is debt for failure.

The moment one signs up for company training they are basically taking out a loan.

This loan must be paid back or it can be forgiven.

Is this succinctly correct?

I see. Well there isn’t much of anything I can do now going forward but to own up to it and be honest and accept more training it seems.I still think it’s wrong and the gate keeper wasn’t ordered around he was asked not to do something and did it anyways. It follows the same concept of telling someone not to blindly walk behind your truck as your eventually going to take your eyes off one side of it but they do it anyways. There has to be some protection for drivers in these types of situations. Not everything can always be attributed to driver fault.

My contract specifically said that either party had the right to terminate employment yet my debt would remain. It went further to set a weekly $70 amount to be withdrawn from future employers and paid directly to prime. Keep in mind..."failure to comply with company policy" can get you fired every time. And that m policy could be "dont back at a gate... GOAL everytime" etc. "Don't order gate keepers around"

Lawyers.com answers a 1099 question with an explanation about employee contract specifics.

These are deadly machines. Public safety will supercede our rights...look at covid.

BTW...CRE and other mega carriers such as Prime are self insured and determine eligibility. Has nothing to do with insurance companies.

It doesn't matter who was at fault, your focus should have been on simply proving you were not at fault.

It is not your responsibility to assign fault to anyone but yourself if you are responsible.

A picture of the gate on top of your truck would speak volumes.

Hey Daniel -

The ink is not even dry on my contract with Wilson and I have to chime in and say you’re incorrect.

The “one year” stipulation so often referenced on this site states that my CDL training is FREE so long as I honor a year of employment with the company. It is NOT an employment contract guaranteeing me a safe position if I show up in “good faith.” It does not protect me from termination if I violate company policy by backing into things, and if I do those things within my first year and end up terminated, I owe either the full $3750 for the training or a pro-rated amount based on when it happened.

You seem to be conflating an employment contract with a contract for services provided free of charge upon completion of a commitment term. We are not talking about an employment contract.

The $70 weekly clause at Prime is identical to mine here at Wilson. The training IS free SO LONG AS you complete a year of employment. If you do anything to get yourself fired within your first year, whether it’s back into something, curse out your fleet manager, or refuse to flush the toilet in the driver lounge, you owe the balance of the training.

Good faith does not apply because these are not employment contracts. They are a contract for services rendered. Make sense?

I get what you are saying. You signed up for company financed training, incurring a roughly $5,000 debt, which is forgiven after one year if you don't quit or are fired, correct?

Daniel first off... YES I received FREE training from Prime based on me staying a full year and not quitting or getting fired. . IF I left, my future employer would make deductions to pay prime. I have been here 5 years and never paid for schooling.

If you read the article posted....in parenthesis he writes "If an employer can only fire an EMPLOYEE for good cause" that was an example of a contract stipulation. Meaning not all contracts include that

That line spoke of EMPLOYEE example not independent contractor. Those in trucking are very specific with those terms.

By your logic, if I am a new a driver and roll a truck or hit bridge then I cannot be fired because I am under contract?

Prime financed your training, then forgave the debt when you worked for them for one year, correct?

My contract specifically said that either party had the right to terminate employment yet my debt would remain. It went further to set a weekly $70 amount to be withdrawn from future employers and paid directly to prime.

So you didn't receive free training from Prime, they simply set up a payment schedule of $70 a week to be taken out of your check to pay for it whether it was with them or with another employee.

If someone receives supposedly 'free' training based upon their service for a company for one year then that is another matter.

Sounds like none of this 'company paid training' is free. Just worded so to make it sound like that. That would be a violation of the Good Faith clause that exists in all contracts.

Lawyers.com answers a 1099 question with an explanation about employee contract specifics.

He was not an independant contractor. He was not leasing. He was a regular employee.