Swift Hit With Class Action Lawsuit Over Independent Contractors

Feb 1, 2010 | Posted by: roboblogger | Full story: Heavy Duty Trucking

Getman Sweeney, a law firm in New Paltz, N.Y., has filed a class action suit against Swift Transportation and Interstate Equipment Leasing Co., alleging the mistreatment of truckers and misclassification of workers as "independent contractors." The case claims the companies misclassified workers and then deducted a variety of charges from their ...

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tom

Emporia, VA

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#1
Mar 18, 2010
 

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swift transportation is a sorry company and jerry moyes is self greedy person its all politics now nothin for the driver
Swift owner operator

Pensacola, FL

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#2
Mar 19, 2010
 

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Hey, its what you make of it. I have successfully leased a truck from Swift, paid it off, and just bought a house, all with cash I made from this "Greedy person" and "Sorry company". You are entitled to your opinion, but keep in mind that every situation is different.

As I said, Its what you make of it.
pete the roofer

Charlotte, NC

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#3
Mar 19, 2010
 

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first and formost you need to be thankfuf if you have a job to complain about, swift is a trip. I think that who ever joins into this, is a person that turns down loads, because they dont drive at night. or that isnt enough miles. or that load is to hevey. some people dont get it. ok its is a training company. yes, do your two years and bounce, duh. I dont understand all the complaining these drivers do about that company. I drove 100,000+ last year, at that was a bad freight year REALY this is the easyist job I've ever had. so as long as SWIFT has freight I will deliver it. I'll probably even lease a truck, and oh-no I might even train.(as a socialigy experament only)quit ur bitch'n and grow a pair. lawers like this are whats fuckin up this country.
pete the roofer

Charlotte, NC

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#4
Mar 19, 2010
 

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first and formost if you have a job to complain about your in a good spot. swift is a training company. Do your two years and bounce. I drove 100,000+ last year. I've leased a truck from them there taking care of me I do 3k plus weekly so if this is a bad company I cant even imagine what its like at a good company. this is the easyist job ive ever had.
Swift owner operator

Pensacola, FL

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#5
Mar 19, 2010
 

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well, I agree, you gotta grow a pair and take responsibility. You don't refuse to do much while you are paying the company. You pay it off, and then you are in the drivers seat (so to speak)! Don't let swift screw you, its up to you, don't listen to these people that say they are out to screw you. believe them, and know that you can turn it around if you know your chit!!:)
swift operator

Bellefontaine, OH

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#6
Mar 22, 2010
 

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seems ya all have missed what this is all about.are we independant operators or are we employees. do you have a owner operator hand book or a employees drivers manuel. well there is no owner operator manuel so we are for sure employees. and should have company benifits the same as company drivers.com panies are not allowed to make you purchase or lease the tools of the trade.yes i make money with my leased truck. but we deserve better treatment an benifits.
Swift owner operator

United States

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#7
Mar 24, 2010
 

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I agree that we need to be treated better, and not taking swifts side but....They don't MAKE you lease or buy a truck from them. Its your choice.

(hopefully) You get more $$ being a O/O. You get better benefits as a company driver. which do you want? Its your choice!!
swift driver

United States

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#9
Jul 25, 2010
 

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im company, but looking to become an o/o

bottem line if you run da miles you'll make money stop being so picky, and i hope to get treated like and oo not company

lazyboy79k@yahoo.com
email me tips O/O
kyle

Hinesville, GA

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#10
Jul 26, 2010
 

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You know whats funny, another driver and myself were both on the same dedicatded run, OH to GA to CA we pretty much ran together most of the time, well except when he started hanging out in truckstops and casinos. I would get a call from him all the time sayin "this company is bull crap they are liars and cheaters my check is only 200$" Id usually reply hmmm mine is apx 950 to 1100$, its funny how drivers will sit at a casino call in get a comchec every single day and then complain when there actual pay check is little to nothing well duh u spent it in the casino remeber...if anything the company should charge u intrest i mean after all you are "taking a loan". learn how to manage your money and expenses of the road gees people. I dont care if your driving for the best company or the worst company we all have are days, but them days are usually brought on our selves. However its not like the military, you can walk away at any time just do it right, things will always get better. Drive safe!
Owner-Op

Mineola, TX

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#11
Jul 27, 2010
 

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I agree with Kyle. I have been with swift almost 10 yrs as a O/O. My experience also shows that the ones that don't make it either live way beyond thier means or just have no clue where there money goes.
Of course there are exceptions to the rule...
SWIFT LIES

Logan, UT

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#12
Aug 1, 2010
 

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Swift spent years lying to company drivers trying to get them to become owner operaters. In 2008 I was an owner operator who sat 3/4 the time. I would take any load offerd me. I was sitting 2-3 days between 200-300 mile loads. I did exactly what I was told to do and had no fireght. At same time they eliminated thosands of driving jobs while telling drivers they had plenty of frieght. This was while the same drivers were begging for frieght and being told there wasn't any. This company lies! And if you want to deny that then you need to ask you'r self why u are lying to you'r self. When was the last time u drove 20%-30% more than you were paid for and were told that is how it is done?
SWIFT LIES

Logan, UT

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#13
Aug 1, 2010
 

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You are an moran. The class action lawsuit is claiming that o/o are not contractors but employees of SWIFT. Swift regulates the actions and even operates the lease of the o/o trucks. They are claiming that IEL and Swift are seperate companies with seperate lease's. This is untrue. In practice Swift controls IEL. The trucks o/o use are leased to SWIFT by Diamond Chrysler. Then they are leased to IEL and then to the driver. Because of this drivers pay about $600 a week for there lease. I have an uncle who buys trucks and finances them through a credit union. He pays $600 a month on a purchase. Lease from SWIFT lines the pockts of many people. If anything go's wrong SWIFT will fire you and come after you for remaining amout on lease. Can you afford for them to come after you for $90,000 plus if they decide they don't like you? SWIFT took the trucks of many o/o and then said wheres our money for the lease. All of this is being faught by the class action lawsuit. Do your self a favor. Do not get sucked into SWIFTS trap. Don't become an o/o for SWIFT. They have broken the law coutless times and are going to pay fo it. Don't be caught in bed with the devil.
Owner-Op

United States

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#14
Aug 2, 2010
 

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Hey, I am a example of success with swifts lease program. I leased the truck back in 2003, paid off the lease, then paid off the loan. I spent very little time at home with the knowledge that once the truck was paid, I would be able to spend time at home.

I knew the sacrifice, and worked my butt off to make it happen. Well, it happened.

You signed the lease, you should have read it!!

Who raised you to think everyone owed you a living?

Anyone with half a business brain can control costs in slow times, and put money away in good times to pay for the bad times.

And I am the moran?
thecapt

El Paso, TX

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#15
Aug 2, 2010
 

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This is funny. You decide to Lease a truck, apparently do no homework. (you become an independent contractor who has to pay for your own insurance, fuel, permits, and anything else an owner operator would have to pay for). Swift, just like all the other companies including fikes, oakly, and a million others do this so that they cut costs. Any idiot who does not see this deserves what they get. Swift tried to get me to do the lease/owner thing but I was a little smarter than that. It is just a gig to get you to pay their tractors off for them and save them money. Granted you can do this sucessfully if you are savvy, but it would have been hard in the down economy of last year.
thecapt

El Paso, TX

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#16
Aug 2, 2010
 

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Owner op, you said it better than me. :)
chris

Danville, IL

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#17
Aug 3, 2010
 

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how do i join the law suit e-mail me at strawman1987@gmail.com thx
SWIFT LIES

Logan, UT

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#18
Aug 3, 2010
 

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Owner-Op wrote:
Hey, I am a example of success with swifts lease program. I leased the truck back in 2003, paid off the lease, then paid off the loan. I spent very little time at home with the knowledge that once the truck was paid, I would be able to spend time at home.
I knew the sacrifice, and worked my butt off to make it happen. Well, it happened.
You signed the lease, you should have read it!!
Who raised you to think everyone owed you a living?
Anyone with half a business brain can control costs in slow times, and put money away in good times to pay for the bad times.
And I am the moran?
Yes you are. Not being sucessfull isn't the problem. The problem is that Swift is claiming there are two contracts. One to lease the truck and one to work for them. They are claiming in court they are two companies that don't effect each other. This is a lie. They also claim that o/o are contractors however they place so many controls on them they are no more than employees paying the cost. I was recuited when SWIFT had no frieght. They promised me they had enough for me to be succesfull. I ran about 1000 miles and month. If I was a true contractor I could have worked for whoever I wanted and be able to pay the lease. Swift claims you can only use truck to work for them. However they also claim they do not control the lease. They can't have it both ways. By requireing contractors to work exsclusively for them they are in violation of fair trade laws. The only way they can leagal do this is if they lease the truck to you. They say they don't. If they leased the truck to you they would have unenforceable lease contracts. If they fired someone the lease would be void because they control that. Also they would actualy have to provide enough frieght to all o\o. I read there contract and it double talks through the whole thing. They are being sued by an o\o profesional orginization who also read the contract and is angry about the illegal contract they are asking people to sign. They are not operateing with in the paramater of the law and need to fix this. If you stole somthing they would lock you up. Swift is illegaly stealing from drivers and needs locked up. It was there choose not to fallow the law.
Owner-Op

Eastland, TX

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#19
Aug 6, 2010
 

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Well I suppose if I were a lawyer that got 33% of whatever the settlement was, I would stroke you too and tell you the big bad business took advantage of you.

Man, just grow a pair, huh?

I just did a deposition for swift today, and would gladly defend them against the likes of people like you.

Do I like the way swift does business? absolutely not. But I knew going in that I could not let them walk all over me. If they said they didn't have loads, I would keep calling up the ladder until I got something. I did not accept failure! you did, and you did......
John Finney

Birmingham, AL

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#20
Aug 10, 2010
 

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Ok I agree that being a lease owner operator can be a successful opportunity, but my wife and I leased a truck from Swift in Oct of 2008 after driving for 200 miles the truck went down $300 out of my pocket for a manual regin to be done then in Jan 2009 truck went down again for the DPF unit then through out the year we were down for 5 mth's asked IEL for some support in figuring out what was wrong with the truck. NO HELP No support what so ever. Now here it is 2010 and we are still being broke down due to a bad DPF unit and Detroit will not replace it even though it is under warranty and IEL will not give us another truck to replace this lemon. We have out of pocket spent 10k on this truck since day one due to Detroit will not honor anything under the warranty, they say it is because manual regins are not being done but the truck does not let you do a manual regin due to the defective DPF unit that they will not replace. They tell us we do not have a warranty on the unit IEL of swift has the warranty due to technically they are the owners of he truck I am just a glorified renter, and that is word for word what Rapid response team of IEL said to me. I have retained a lawyer in this matter
SWIFT LIES

Logan, UT

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#21
Aug 10, 2010
 

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Owner-Op wrote:
Well I suppose if I were a lawyer that got 33% of whatever the settlement was, I would stroke you too and tell you the big bad business took advantage of you.
Man, just grow a pair, huh?
I just did a deposition for swift today, and would gladly defend them against the likes of people like you.
Do I like the way swift does business? absolutely not. But I knew going in that I could not let them walk all over me. If they said they didn't have loads, I would keep calling up the ladder until I got something. I did not accept failure! you did, and you did......
Man it's not about growing a pair. Swift purposely lies to there contractors. They are currently lie to a fedral court about the way they operate. Just because they are a lare company does not give them the right to dismiss the law. I am currently working towards law school. I am learning about massive amounts of legal violations Swift commis. If I would have known how truely corrupt this company was I would never of worked for them. Lawyers not sueing them agree they are in violation of employment laws, contract laws and fair trade laws. Is it right that a company with lawyers is dismissing there need to comply with fedral laws? Is it right they are takeing advantage of employees not famiular with contract laws? Is it right in violation of contract laws they do not allow o/o time to have documents inspected by a lawyer before siging. The awnser is no. My only question is if that was your honest opinion how big of a cheat, liar and crook are you? I was taught to fallow the law and do business with integrity. Not only does Swift not do business with integrity but they are operateing illegaly. The question is why are assholes like you supporting them? Where are you vaules?

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