Fired From CR England For Two Accidents

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Daniel 's Comment
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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.

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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.

OWI:

Operating While Intoxicated

Rob T.'s Comment
member avatar
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.

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.

OWI:

Operating While Intoxicated

Daniel 's Comment
member avatar

double-quotes-start.png

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.

double-quotes-end.png

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.

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.

OWI:

Operating While Intoxicated

Daniel 's Comment
member avatar

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.

Daniel 's Comment
member avatar

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.

Truckin Along With Kearse's Comment
member avatar

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.

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Eric S.'s Comment
member avatar

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.

0180166001611989415.jpg

Daniel 's Comment
member avatar

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.

Daniel 's Comment
member avatar

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.

Truckin Along With Kearse's Comment
member avatar

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?

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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