Truck Driver Put Out Of Service ...

Topic 5154 | Page 2

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Rolling Thunder's Comment
member avatar

...That's why I ask, what does "out of service" mean. I'm wondering if I'm being paid during that time... or am I simply in an unpaid but still with the company, status. Plthlthlthlth.... I know my situation is being investigated and reviewed. I was told I'd hear from them by Tues or Wed but not a word. The whole thing is a bit strange...

-mountain girl

It`s not strange. Take the hint and move on... You know? Refer back to "f**k `em!"

mountain girl's Comment
member avatar

Oh, I got the hint from them. And I have no problem moving on. But I'm not going to do it with a $3,000 debt to them.

-mountain girl

mountain girl's Comment
member avatar

(Robert DeNiro voice) See what I'm sayin'?

(pause)

See what I'm sayin'?

(longer pause)

See what I'm sayin'?

-mountain girl

Brett Aquila's Comment
member avatar
This was a new-driver training program for drivers who had just received their CDL. I got my CDL privately, got hired with cnwy, then started their 5-week training for new CDL drivers. This $3k contract outraged my prior CDL school, btw because they said it was unnecessary since we already had our CDLs. It was supposed to be new company driver training but cnwy treated it like a school, in a sense

Somehow I had no idea that was the arrangement. I must have missed that in your explanation somewhere along the way. I agree that the sign-on bonus would have made it a moot point and you could have chalked the whole thing up as a marketing gimmick. But not if they pull the bonus. That bonus had to be in writing somewhere, wasn't it?

Were any of their offerings specific to just the terminal you were at?

Here's some stuff from their website:

In March 2010, Con-way Freight opened its first driver training schools. The program provides classroom and behind-the-wheel training, and is held at Con-way Freight facilities. Veteran Con-way senior drivers are the instructors, providing students with experienced classroom instruction, insight into the business, training on rules, regulations and procedures, and hands-on, behind-the-wheel supervised driving instruction using Con-way equipment. This training and education positions a candidate to successfully pass the Commercial Driver's License exam.

Once students complete the program, graduate and pass their state license exam, they are promoted to full-time and given a driving assignment.

So as you mentioned....this program was designed for people who didn't get their CDL yet. You already have yours so it doesn't make sense that you're in this program in the first place.

I wish I knew what to tell you at this point. I would call them and get this over with one way or another. They're either bringing you in to work or they're not. But someone has to make a move.

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.

Mike H.'s Comment
member avatar

From my experience, from a business standpoint, what they are doing is how you get an employee to quit so that 1. You don't owe them unemployment 2. If the employee signed a contract for reimbursement you can hit them over the head with it. These guys are playing games with you >:( 3 k is a lot of money so I can't tell you what to do. If it were me, I would quit and see what they do. If they sent me a bill, then I'd tell em " see you in court , you'll be hearing from my attourny" but that's me.

PJ's Comment
member avatar

I agree they are still messing with you . I would call HR and tell them either to make a decision timely, or they can discuss the situation with my attorney. If they are playing games the A word usually puts a quick stop to it.

MRC's Comment
member avatar

Hey MG, I'm lost on your debt. OK they have a 12 week school for those without a CDL and as long as they sign on for a year there is no charge? Then they have the 5 week for those with a CDL and it costs $3000.,( which in my mind is a standard Orientation)wtf-2.gif Did you get paperwork stating the $3000. bonus at end of training? Did you have to sign anything pertaining to this deal?

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
mountain girl's Comment
member avatar
Best Answer!

Somehow I had no idea that was the arrangement. I must have missed that in your explanation somewhere along the way. I agree that the sign-on bonus would have made it a moot point and you could have chalked the whole thing up as a marketing gimmick. But not if they pull the bonus. That bonus had to be in writing somewhere, wasn't it?

Were any of their offerings specific to just the terminal you were at?

I wish I knew what to tell you at this point. I would call them and get this over with one way or another. They're either bringing you in to work or they're not. But someone has to make a move.

-Brett Aquila

Back in June, right after I graduated, the Con-way Freight terminal in Henderson, approached my CDL school with two things for its new grads: a new driver salary of $21.87, plus a $3,000 sign-on bonus. My school approached me, as one of their top students with this offer from this particular Con-way Freight terminal. When I called the terminal, this was confirmed. When I interviewed, this was confirmed. When I signed documents in order to start in-processing with their physical, etc., the $21.87 was written in the offer letter, but not the $3,000 bonus. One of the next documents I was to sign was the $3,000 fee for training. In lieu of having been verbally offered the $3,000 bonus, I agreed to the 1-year contract. I even stated out loud that the two would balanced each other out. Everyone made mistakes on a couple of levels. I accepted the offer without making sure the bonus was written into it. They should not have required me to sign a 1-year contract that was really meant for the 12-weekers, not the new-hires with CDLs obtained elsewhere. In the first week of orientation/training, there was no mention of the bonus. In the second week, no mention of the bonus until I brought it up, off-handedly.

I reminded the terminal manager last week, that although the bonus was not put in writing, he and I shook hands on the agreement. While a hand-shake is not as strong of a binding agreement as anything in writing, it is still a business agreement and breaking it would still be a tort. He asked me what I meant by, "We shook hands on this." I explained that he shook hands on the $3,000 bonus with me, the driver manager who hired me shook hands on it with me, the admin supervisor shook hands with me, and they all shook hands on it with my CDL school that was going to start sending them new grads, based on this offer. I reminded him that a handshake is still a binding, legal, business agreement. He didn't like that but it's true.

I spoke to the HR rep, as per their procedure following an investigation, 2 days after I was put "out of service" when I finally got hold of her, on the phone. That means, I spoke to her on Thursday, last week. She asked me for a written statement. I decided with the way they'd treated me so far, I was not going to put anything in writing. I called her on Friday and offered no contest to their failed final exam results and she said I'd hear from the terminal manager by Tuesday. It's Thursday now. I called her back this morning. She said I should have heard from the terminal manager by now and that she'd call him and I'd hear from him today.

Based on what my CDL school director told me on Tuesday when I went to their job fair, I believe I am being used as a pawn. No kidding. The CDL school director told me that the driver manager called her and said he "wanted to make it right" between the school and the terminal. The school director started to say that the terminal driver manager had said he wanted to make it right "with me, too" but stopped just short of including me in that statement. I believe, based on my intuition, that my employer is trying to find a way to keep me on, give me a second chance to pass my skills, etc. and in turn, maintain a favorable relationship with my CDL school. This is a very strange feeling, to sort of know that this is what's happening and I'm not comfortable with it. If they don't fire me, they make my school happy and they can still hold me to the $3k contract for a year. Meanwhile, they can continue to "mess" with me the entire time I'm working for them, setting me up for a fall, along the way. If I quit, I am still obligated to repay them the 3k. This is extremely uncool and makes my stomach turn.

I really despise these kinds of games and I don't want to remain employed with a terminal that operates this way. If they offer me the opportunity to stay on with them, I might insist that they indemnify me of any obligation to that $3k, in writing, even if I quit of my own free will, thereby making that part of the contract null and void. That way, if they continue to mess with me, I can simply quit and move on.

See why I haven't quit on my own yet and have stuck it out till they fire me?

-mountain girl

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.

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.

Driver Manager:

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.

OWI:

Operating While Intoxicated

mountain girl's Comment
member avatar

From my experience, from a business standpoint, what they are doing is how you get an employee to quit so that 1. You don't owe them unemployment 2. If the employee signed a contract for reimbursement you can hit them over the head with it. These guys are playing games with you >:( 3 k is a lot of money so I can't tell you what to do. If it were me, I would quit and see what they do. If they sent me a bill, then I'd tell em " see you in court , you'll be hearing from my attourny" but that's me.

-HM

You guys know I don't quit ...anything.

In the waiting game, I will beat them out, evvvvery time.

That's why I was wondering if anyone could tell me what "out of service" meant. Does it mean I'm still being paid while they d***-danced around or does "out of service" mean I'm not being paid?

-mountain girl

Mike H.'s Comment
member avatar

double-quotes-start.png

From my experience, from a business standpoint, what they are doing is how you get an employee to quit so that 1. You don't owe them unemployment 2. If the employee signed a contract for reimbursement you can hit them over the head with it. These guys are playing games with you >:( 3 k is a lot of money so I can't tell you what to do. If it were me, I would quit and see what they do. If they sent me a bill, then I'd tell em " see you in court , you'll be hearing from my attourny" but that's me.

-HM

double-quotes-end.png

You guys know I don't quit ...anything.

In the waiting game, I will beat them out, evvvvery time.

That's why I was wondering if anyone could tell me what "out of service" meant. Does it mean I'm still being paid while they d***-danced around or does "out of service" mean I'm not being paid?

-mountain girl

I know you dont quit. It just irks me to see a terminal do this to someone.

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.

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