Comments By Daniel

We've had members that weren't catching on at school fast enough the company sent them packing and still sent a bill. We've had many members fired for multiple backing accidents within their first couple months out of training. We deal in facts, please provide me your source to support your statement.

How many of these cases were decided in a court of law, or simply just sent to collections?

If a company believes they are owed money for a breached contract then they should take them to court, not just send it to collections.

In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to reinforce the express covenants or promises of the contract. A lawsuit (or a cause of action) based upon the breach of the covenant may arise when one party to the contract attempts to claim the benefit of a technical excuse for breaching the contract, or when he or she uses specific contractual terms in isolation in order to refuse to perform his or her contractual obligations, despite the general circumstances and understandings between the parties. When a court or trier of fact interprets a contract, there is always an "implied covenant of good faith and fair dealing" in every written agreement

He showed up to work, in good faith. He was simply unable to do the work properly. He honored his contract. Cr England terminated the contract. He does not owe any money because of his good faith.

Every example on this site is about a person not showing up to work or quiting. Then of course that person would be responsible to pay for their tuition.

so show me your source to back that up. I can promise you from what we were told a majority of them that wasn't the case. The contracts are to obtain your CDL in a controlled environment. Did they help Eric get his CDL? Then they honored their end of the contract. We've had members that weren't catching on at school fast enough the company sent them packing and still sent a bill. We've had many members fired for multiple backing accidents within their first couple months out of training. We deal in facts, please provide me your source to support your statement.

Basic English Common Law - Good Faith and Fair Dealings.

How can he honor his contract with CR England if they terminated him? He wanted to work. He showed up everyday. He made an honest effort. It just didn't work out.

My point was that any company that breaks a contract with an employee for accidents that occured with a driver they trained can not expect to collect on tuition.

Please provide a source to back that up. Dozens of posts that can be found on this forum prove that to be not true.

General concept of good faith and fair dealings. If an employee shows up everyday, tries his best but fails then person/persons who trained them must bare some responsibility if they are still under contract with them.

The employee still wanted his job, he still wanted to work for that company. He showed up every day in good faith. The company terminated him. They did not train him properly. They can not collect on his tuition.

Every example on this site is about a person not showing up to work or quiting. Then of course that person would be responsible to pay for their tuition.

Your right about documenting it when it happened. And to the fence all that happened to it was scratched paint. It was one of those red and white pole arms you see at private places and company yards.

Ok. Sounds like not much you can do with that. I would suggest that when applying to other companies to of course accept the first incident as your fault as you have said and then explain the second incident as unavoidable but being careful to not blame anyone. Somethings just happen. All about tone.

As far as your former employer, consider that their hands were tied. They used the term 'disqualified' which probally meant their insurance company required them to drop you. Be as positive as you can about CR England during an interview. That alone may get you your next job.

But that’s besides the point though and thank you for saying that about England.

I was speaking generally about CR England. For the record I work an account that has many different carriers, one of them being CR England. From what I have seen they are a fine company with excellent equipment and courteous professional drivers.

My point was that any company that breaks a contract with an employee for accidents that occured with a driver they trained can not expect to collect on tuition.

Keep in mind I didn’t BACK into it. It was lowered across my tractor top as I was backing up and the worst that it got was some scratched paint. No damage to the truck at all.

Ah, that is different, very different. I assumed it wasn't moving. What may have got you on this was not documenting the incident fully when it happened, with pictures. Assuming it was understood instead of assuring it was understood.

You said no damage to the truck, but what about the fence that was lowered onto the truck?

I believe you are telling the truth with what happened here, but proving it is another matter...

I would disagree, short of actually seeing the contract. All about the heart of contracts: good faith and fair dealings.

It isn't like most folks on here who simply don't show up or quit. They are not fufilling their obligations in good faith,

He on the other hand was working and attempting to do his job, honor his contract in good faith. He just didn't have the abilty to do the job properly, and that would be on CR England. They shouldn't have let him go solo as clearly he wasn't ready. CR England would have to be responsible for that and would not have a justifiable cause to collect for his tuition as they trained him.

I think your best bet is to make a payment arrangement with them and pay what you agreed to. You can't go blaming them for wrongful termination.

If they terminated the contract, then how could he still owe them money?

Ok so they terminated your contract. I assume then you do not have to pay them back for the tuition. I also assume they terminated you in writing.

The thing is they probally had to terminate you because their insurance required them too. Although you now have some hurdles to overcome I'm sure you can move on.

The biggest hurdle is overcoming the blame game. Accept responsibility as the gate wasn't moving when you hit it.

But don't give up. It sounds like to me you enjoying driving. With that and a little more patience, you will succeed.