Breaching Swift’s Contract

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Chris G.'s Comment
member avatar

I went through Swift for CDL training and signed a contract saying that I would work for them for a year. But after I got to orientation a bunch of family problems started happening so I decided not to do trucking right now. Since I breached the contract what will happen now? I won’t get arrested will I? Also when I do decide to start trucking will it be hard for me to find a job? Thanks.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Chris M's Comment
member avatar

They will attempt to collect the remaining amount owed. It you can't pay it, they will send it to collections and it will show on your credit. If you decide to come back, it's likely they will allow you to come back to Swift, and they will resume taking the $75 payment out of your check until it is paid in full. If you do come back to swift, they will pull it from collections immediately

G-Town's Comment
member avatar

What have you communicated to Swift?

Considering one of your options is possibly being rehired by them, I hope you were totally upfront and honest with them. Otherwise what my pinch-hitter replied with is correct.

Robert S.'s Comment
member avatar

Warning From Truckingtruth! You're about to read what we believe may be bad information from Robert so follow this conversation through before believing any of what says.

I went through Swift for CDL training and signed a contract saying that I would work for them for a year. But after I got to orientation a bunch of family problems started happening so I decided not to do trucking right now. Since I breached the contract what will happen now? I won’t get arrested will I? Also when I do decide to start trucking will it be hard for me to find a job? Thanks.

I can only state what happened to me in past look up First Year Pay Totals With Prime post it is recent if you like to know a little bit or don't either way. The main thing makes sure you pay the debt back on payments or something period. Make sure you account to exact wording you told whoever why you are leaving them to write it down for reference, Also everything they had told you to write it down or try to remember you have a big commitment you leaving for whatever reason. I am not always for lawyers but I would advise you may ask a free quote for a CDL protector if you are near any decent town you should have one, Because they can have your CDL removed if you went through there program to obtain a CDL , I Don't know what conversations you had with them would suggest any future ones written down, if you are contacted by a lawyer tell them you are recording the conversation and make sure your clear on telling them that if you do a lot more issues will arise if you don't !!

Like I said I have no idea what has been said or hasn't one thing I do know lawyer involved you had better get one if you can if you care about your credit and or CDL. Because the company only will look after its lost investment first being you then determine if you will come back or not based on conversations but don't take their word unless it in writing protect yourself. I am not employed or ever been employed by them I don't know how they operate but they did potently lose an investment so what I know base what has been said They will want the money sooner rather than later because they don't know who you are, to be honest.

This is only my two cents.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Chris G.'s Comment
member avatar

double-quotes-start.png

I went through Swift for CDL training and signed a contract saying that I would work for them for a year. But after I got to orientation a bunch of family problems started happening so I decided not to do trucking right now. Since I breached the contract what will happen now? I won’t get arrested will I? Also when I do decide to start trucking will it be hard for me to find a job? Thanks.

double-quotes-end.png

I can only state what happened to me in past look up First Year Pay Totals With Prime post it is recent if you like to know a little bit or don't either way. The main thing makes sure you pay the debt back on payments or something period. Make sure you account to exact wording you told whoever why you are leaving them to write it down for reference, Also everything they had told you to write it down or try to remember you have a big commitment you leaving for whatever reason. I am not always for lawyers but I would advise you may ask a free quote for a CDL protector if you are near any decent town you should have one, Because they can have your CDL removed if you went through there program to obtain a CDL , I Don't know what conversations you had with them would suggest any future ones written down, if you are contacted by a lawyer tell them you are recording the conversation and make sure your clear on telling them that if you do a lot more issues will arise if you don't !!

Like I said I have no idea what has been said or hasn't one thing I do know lawyer involved you had better get one if you can if you care about your credit and or CDL. Because the company only will look after its lost investment first being you then determine if you will come back or not based on conversations but don't take their word unless it in writing protect yourself. I am not employed or ever been employed by them I don't know how they operate but they did potently lose an investment so what I know base what has been said They will want the money sooner rather than later because they don't know who you are, to be honest.

This is only my two cents.

Thank you, how could they have my CDL removed? They don’t have access to my states dmv.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DMV:

Department of Motor Vehicles, Bureau of Motor Vehicles

The state agency that handles everything related to your driver's licences, including testing, issuance, transfers, and revocation.

G-Town's Comment
member avatar

Chris G wrote:

Thank you, how could they have my CDL removed? They don’t have access to my states dmv.

They can't and they won't.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DMV:

Department of Motor Vehicles, Bureau of Motor Vehicles

The state agency that handles everything related to your driver's licences, including testing, issuance, transfers, and revocation.

G-Town's Comment
member avatar

double-quotes-start.png

I went through Swift for CDL training and signed a contract saying that I would work for them for a year. But after I got to orientation a bunch of family problems started happening so I decided not to do trucking right now. Since I breached the contract what will happen now? I won’t get arrested will I? Also when I do decide to start trucking will it be hard for me to find a job? Thanks.

double-quotes-end.png

I can only state what happened to me in past look up First Year Pay Totals With Prime post it is recent if you like to know a little bit or don't either way. The main thing makes sure you pay the debt back on payments or something period. Make sure you account to exact wording you told whoever why you are leaving them to write it down for reference, Also everything they had told you to write it down or try to remember you have a big commitment you leaving for whatever reason. I am not always for lawyers but I would advise you may ask a free quote for a CDL protector if you are near any decent town you should have one, Because they can have your CDL removed if you went through there program to obtain a CDL , I Don't know what conversations you had with them would suggest any future ones written down, if you are contacted by a lawyer tell them you are recording the conversation and make sure your clear on telling them that if you do a lot more issues will arise if you don't !!

Like I said I have no idea what has been said or hasn't one thing I do know lawyer involved you had better get one if you can if you care about your credit and or CDL. Because the company only will look after its lost investment first being you then determine if you will come back or not based on conversations but don't take their word unless it in writing protect yourself. I am not employed or ever been employed by them I don't know how they operate but they did potently lose an investment so what I know base what has been said They will want the money sooner rather than later because they don't know who you are, to be honest.

This is only my two cents.

Two cents? More like two wooden nickels...

Stop with the lawyer talk (nonesense) Robert and stop making stuff up, no clue what you are talking about...

Swift cannot and will NOT take his CDL. It's issued by Chris' home state, not Swift. They can only hold his training certificate...but again; Swift does NOT do that.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Chris M's Comment
member avatar

Yeah the reason I wanted to comment was that my situation was very similar to yours.

I went through Swift to get my CDL. I started driving solo in June of 2015. In February of 2016, my (now ex) wife started having some medical issues, which forced me to leave swift. I informed them of what was going on, cleaned the truck out and left it at the Decatur, Georgia Swift terminal.

Since I had only completed 9 months of my contract, I owed approximately $2300. Due to the nature of why I had to leave, money was tight and I could not pay it. So it went into collections, which showed up on my credit report. I got a couple of calls, and a couple of letters about it.

In August of 2018, I got a call from the collection agency, stating that in September, it would reach the 2 year mark from the date that the debt was sent to the collections company, and that they could start legal proceedings. Now I don't know if that's true, or if it was a tactic, but I decided to give Swift a call and see about coming back.

I called a recruiter, she sent my file in for a "rehire review" and called me back the next day saying I was approved for rehire. So I gave my 2 weeks notice at my job, and came back to Swift.

Starting with my first paycheck, they deducted $75, and the next week the debt was removed from my credit report.

So in short, no you won't be arrested (it is a civil matter, not criminal) and your CDL will not be affected. No trucking company in the United States has any effect on the validity of your CDL. Anyone who tells you otherwise is a moron or trying to scare you.

The only way you might consider a lawyer, is if it goes to collections and they do decide to send it to court. But even that would have no effect on your CDL.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

Robert S.'s Comment
member avatar

Have any of you work with lawyers, or more so seen all cases where a judge has sided with and completely with the student who failed to pay payments, and his obligations while he gained CDL Through the companies CDL program because of thats what I am referring too. I have never taken the Bar exam, but done enough work with lawyers and saw sometimes they would lose their CDL for refusing to pay the company back. Even a Judge will side with the company if the person refuses to pay the company back remove his CDL its a rare case, however, it has happened before.

They cannot force an individual to never be able to use the trade skill forever, however, making him redo the whole process of getting the CDL in extreme cases has happened.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Brett Aquila's Comment
member avatar
but [I] have done enough work with lawyers and saw sometimes [a CDL holder] would lose their CDL for refusing to pay the company back. Even a Judge will side with the company if the person refuses to pay the company back remove his CDL its a rare case, however, it has happened before.

Robert, I have approved your comment on the condition that you can point us to at least one example where a judge has revoked a person's CDL for failing to fulfill a contract with a company-sponsored training program. Personally I have never heard of this happening before and I'm unaware of any authority that a private company would have to influence a state to revoke your driver's license.

I know that a driver's license can be revoked for failure to pay child support or a traffic ticket, but those are the only situations I am aware of.

So if you can point us to an article or a legal case of some sort which proves that this has happened in the past we would be extremely interested in learning more about it.

I think we're all under the impression that this is the way it works:

So in short, no you won't be arrested (it is a civil matter, not criminal) and your CDL will not be affected. No trucking company in the United States has any effect on the validity of your CDL.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Company-sponsored Training:

A Company-Sponsored Training Program is a school that is owned and operated by a trucking company.

The schooling often requires little or no money up front. Instead of paying up-front tuition you will sign an agreement to work for the company for a specified amount of time after graduation, usually around a year, at a slightly lower rate of pay in order to pay for the training.

If you choose to quit working for the company before your year is up, they will normally require you to pay back a prorated amount of money for the schooling. The amount you pay back will be comparable to what you would have paid if you went to an independently owned school.

Company-sponsored training can be an excellent way to get your career underway if you can't afford the tuition up front for private schooling.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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