Swift Hit With Class Action Lawsuit Over Independent Contractors

Feb 1, 2010 Full story: Heavy Duty Trucking 77

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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Owner-Op

United States

#22 Aug 11, 2010
well...First off, lets leave my asshole out of this.

You are going to school to be a lawyer? Congrats!! You should learn something out of this lawsuit. What exactly did swift lie to you about? Did you get EVERYTHING in writing? My lawyer looked at my contract before I signed it, why didn't yours?

I would not support swift in this matter except that they have been fair to me for 8 yrs now. Why wouldn't I defend them. They have held up thier end of the contract, and I have held up mine. I knew what I was getting into, evidently you did not do your homework.

No, it is not right that big companies thumb thier nose at federal law. If in fact swift has done wrong, they will get caught. I guess we'll see. I wouldn't trust a lawyer to tell the truth....its against thier nature.

Is there a court date set yet??

Owner-Op

United States

#23 Aug 11, 2010
John Finney...It sounds as tho you have a case. Parts not being replaced under warranty, Swift not helping the situation. Rapid response was wrong in telling you that, just keep records of names, times, and the like. Swift has alot of lawyers working for them, its an uphill battle even when you have a good case.

I, Personally would call Richard Stocking. I assume you just want it taken care of, and the buck stops with him.
swifty

United States

#24 Sep 11, 2010
since there are thousands of lease and o/ops at swift somebody must be doing something right. been here almost 4 years almost always have decent loads.and when we dont, we take the shitty ones so they will back it up with a decent ld.failure on the lease program to me is due to the driver not the company
swifty

United States

#25 Sep 11, 2010
didnt fed ex just prevail in this exact type of case employee vs. contractor? id say with them as a president the outcome of this case is obvious
Owner-Op

New Castle, IN

#26 Sep 11, 2010
Fed-Ex lost becuz the O/O's were on a forced dispatch. They did not have a say in what loads they took, so they were considered employees. I have never been forced to take a load at swift...been pressured tho.

I highly doubt anyone was forced into anything at swift.
peto

Pasadena, TX

#27 Sep 15, 2010
Just offering my opinion but it really seems that most training companies offer lease options to new drivers who are not familar with the trucking industry whatsoever . Due to the crapy state of our economy there are many hard working people looking to get ahead for there families and I truly feel that not swift not stevens not any training companies who offer lease options due a good enough job supporting there new drivers endeavors into becoming an owner operator but they do an excellent job advertising the money you could make and the things you can do with it . I ran a lease truck because it was advertised as a HUGE success and money making op for a new driver and sometimes it was but consistently it was not . If you can't afford to buy your own truck and run under your own authority , then just find an employer you will pay you a fair wage for your experience , but don't lease a truck guys because for every success story they advertise there's a hundred drivers who weren't lazy , who did there job . Who followed the rules and still couldn't make it leasing for many other reasons . Trucking is like most other jobs , the pay will come with the experience.
Hey Moron-Swift Lackey

Ballston Spa, NY

#28 Sep 16, 2010
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......
This is what you get from Mr Moyes and Swift:FKD OVER
http://4gifs.com/gallery/d/43908-3/Falcon_Pun...
Big Mike

Moncks Corner, SC

#29 Oct 12, 2010
I signed on to Swift and saw the best and worst sides of the coin....went out with a guy in training and only saw 10 hours of driving time in 5 1/2 days and spent 2 nights in motel listening to his crying about money and the cost of his lease. After having a major blow-up and getting a new driver...I was so glad that things happened the way they did. We ran hard every day I was with this new guy. in 4 weeks we ran over 18000 miles and never really pushed/ as a matter of fact, we never ran over 55 mph saved an ass of money by almost doubling the milage and he made a butt load of money. sure the leases are hard to keep covered but you are there to drive....stop crying and blaming others.....do your job or go back to the same dead end weekly grind you were in.....Swift didnt force anyone to do a thing.
SWIFT LIES

Logan, UT

#30 Oct 12, 2010
GUYS BOTTOM LINE IS SWIFT CHARGES $600 A WEEK ON A LEASE THAT AT MARKET RATE IS ONLY $600 A MONTH.iF THATS NOT ILLEGAL IT SHOULD BE.
Owner-Op

United States

#31 Oct 13, 2010
Big Mike, well said.

SWIFT LIES....oh, you did not know what you were paying or did not check out other places?? Oh, I see...becuz you have NO business running a business, its swifts fault?? Hey, Sue T/A cuz they charge $1.49 for Aquafina water, and you can get the same thing at Bosselman for .99!! Those greedy bastards!! Stupid, huh?

Swift is here to make money. Thats all they do. They move freight to do it. They sell (Lease) trucks to do it. They do whatever they can to make money.

I really do feel bad for you. Running your own business is hard. Some people can do it, others can't.
Hey Moron-Swift Lackey

Schenectady, NY

#32 Nov 29, 2010
Owner-Op wrote:
Big Mike, well said.
SWIFT LIES....oh, you did not know what you were paying or did not check out other places?? Oh, I see...becuz you have NO business running a business, its swifts fault?? Hey, Sue T/A cuz they charge $1.49 for Aquafina water, and you can get the same thing at Bosselman for .99!! Those greedy bastards!! Stupid, huh?
Swift is here to make money. Thats all they do. They move freight to do it. They sell (Lease) trucks to do it. They do whatever they can to make money.
I really do feel bad for you. Running your own business is hard. Some people can do it, others can't.
You get what you make of it.As you say,running your own business is hard.Some people can do it and others can't no matter how hard they may try.However,I have seen too many Repo Depot Swift trucks to know that your great FLEECE PURCHASE financing favors the company-NOT just Swift but almost any other carrier with both company trucks and leased trucks.Big Mike ran hard at laughable slow-poke 55MPH and still managed 18K/MO.Nothing unusual about that=4500K/WK with 2 people driving team? It helps to have another driver,especially a low paid student driver to help pay off your Swift truck.Running solo,despite others' claims to fame,a lot more difficult.As far as growing a pair.The only one with balls is Mr Moyes balling your sorry asses who don't complete the FLEECE PURCHASE deal! You get FKD OVER
http://4gifs.com/gallery/d/43908-3/Falcon_Pun...
art hirschi

United States

#33 Feb 15, 2011
I've successfuly leased 10 trucks since 1997 with swift and iel. There are ups and downs as with anything. Just need to be assertive and plan well in advance of off time, down time, and repairs. Also have a sufficient maintenance account. Do your homework as with starting any business, and understand the commitment you're making before you sign the lease. Cheers
Hey Moron-Swift Lackey

Denver, IN

#34 Feb 16, 2011
art hirschi wrote:
I've successfuly leased 10 trucks since 1997 with swift and iel. There are ups and downs as with anything. Just need to be assertive and plan well in advance of off time, down time, and repairs. Also have a sufficient maintenance account. Do your homework as with starting any business, and understand the commitment you're making before you sign the lease. Cheers
Excellent comment-right to the point with no bullcrap about some imaginary earnings eg: 10,000-20000/wk ($520,000-1,040,000/Yr) or maybe half that amt if you have conservative estim: 5,000-10,000/wk NET INCOME!
As you say,there are ups+downs with any business,especially trucking and most definitely with Swift. You may have a paid for truck or have extraordinary business acumen to succeed with NO MONEY DOWN Fleece U2 Purchase? Having both company drivers to compete against their lease operators for avail loads,I don't see any compelling advantage to lease with anyone but 100% O/O companies like Dart;Landstar;Mercer etc.If UR broke and have no $ for downpayment or other business start-up expenses, I trust nobody but a misinformed moron would sign Swift Fleece-Purchase!
SWIFT LIES

Providence, UT

#35 Feb 17, 2011
The problem is these companies try to decive there drivers into thinking they are Contractors but restrict them like employees. The current lawsuit is about wether Swifts Contract creates an employment situation or if it is a contract between business's. The restrictions in the contract constitute an enployee type relatioship with owner operators even though Swift calls them contractors. They can't force drivers to pay Swifts cost of doing business and restrict them like employees. The can't be employee's and contractors. You guys are sadly miss-informed about what is really going on. The lawsuit has reached U.S. Court of Appeals, the highest level of court in our nation. The appeals court choose to hear claims from the drivers. They did not have to and they hand picked this case to review. This is alot more than 1-2 angery drivers. Swift and other companies like them choose to ignore major aspects of the law. There are currently over 700 owner operators sueing Swift. This is much more than just 1-2 drivers. Swift is in serious trouble for violateing industry employment regulations. Adittionaly, OOIDA or Owner Operator Independent Drivers Association, brought the lawsuit against Swift not just an agngery driver with no business sense lookibng to make money. So stop acting like this is about a dumb driver that didn't know what they were doing and respect the magnitude of what is really going on.
SWIFT LIES

Providence, UT

#36 Feb 17, 2011
art hirschi wrote:
I've successfuly leased 10 trucks since 1997 with swift and iel. There are ups and downs as with anything. Just need to be assertive and plan well in advance of off time, down time, and repairs. Also have a sufficient maintenance account. Do your homework as with starting any business, and understand the commitment you're making before you sign the lease. Cheers
There have been O/O who have driven out of Swifts Gate and into the fuel island after siging a lease and had to replace the transmission because it was burnt up. Swift made the driver s pay the cost even though it was in that condition when they got it. Does that sound like a company who plays fair to you. You may have had a great exsperince with them. However, the ruined the carriers of over 700 O/O that are currently sueing them. 1 success story doesn't make up for screwing over 700 o/o!
SWIFT LIES

Providence, UT

#37 Feb 17, 2011
Owner-Op wrote:
Big Mike, well said.
SWIFT LIES....oh, you did not know what you were paying or did not check out other places?? Oh, I see...becuz you have NO business running a business, its swifts fault?? Hey, Sue T/A cuz they charge $1.49 for Aquafina water, and you can get the same thing at Bosselman for .99!! Those greedy bastards!! Stupid, huh?
Swift is here to make money. Thats all they do. They move freight to do it. They sell (Lease) trucks to do it. They do whatever they can to make money.
I really do feel bad for you. Running your own business is hard. Some people can do it, others can't.
The problem isn't the known cost. The problem is the option Swift puts in the contracts to make money are not allowed to them. IE true contractors leaseing a truck could drive for anyone. If frieght got slow they could make money with another carrier. Swift wrote in the contract that O/O did not have to work exsclusively for SWIFT. Hoever later in the contract it forces them too. How is that a contractor relationship if they control you business and tell you that you do? TA doesn't try to decive you when you buy bottled water. They tell you exactly how much it cost and once you pay for it let u use it any way you want. Swifts contracts do try to decive drivers. It calls them contractors but forces restrictions on them as an employee. This is wrong and decitfull. And, Illegal! Get a clue about what is really going on before you jab on.
Owner-Op

Eastland, TX

#38 Feb 22, 2011
I am not a heartless man. I realize that there are people who have failed in this business. I realize some may have failed due to a lack of business skills, the economy, and possibly, a misrepresentation from a agent of the company. I think that is an exception, rather then the rule.

It is true that if you haul freight for anyone else while you are leasing from swift, you are in default of your contract. Your lease will be canceled and your truck taken back. This is mentioned in the contract.

Swift pays the plates for O/O's. They don't want you hauling for someone else while they pay the plates. The Insurance and the authority is another matter. I do not agree that you can't leave swift, but again, that is in the contract. It is a large risk, doing the lease-purchase. If done right and smart, it can be profitable.

The person that drove out of the driveway at swift, and the tranny blew....there should have been some kind of warranty. Post the link to the story, I would be very interested to read about that.

While one success story does not undo 700 failures, 700 failures does not undo 1000's of success stories. Thats assuming all 700 complaintants are legit.
Hey Moron-Swift Lackey

Renton, WA

#39 Feb 23, 2011
Owner-Op wrote:
I am not a heartless man. I realize that there are people who have failed in this business. I realize some may have failed due to a lack of business skills, the economy, and possibly, a misrepresentation from a agent of the company. I think that is an exception, rather then the rule.
It is true that if you haul freight for anyone else while you are leasing from swift, you are in default of your contract. Your lease will be canceled and your truck taken back. This is mentioned in the contract.
Swift pays the plates for O/O's. They don't want you hauling for someone else while they pay the plates. The Insurance and the authority is another matter. I do not agree that you can't leave swift, but again, that is in the contract. It is a large risk, doing the lease-purchase. If done right and smart, it can be profitable.
The person that drove out of the driveway at swift, and the tranny blew....there should have been some kind of warranty. Post the link to the story, I would be very interested to read about that.
While one success story does not undo 700 failures, 700 failures does not undo 1000's of success stories. Thats assuming all 700 complaintants are legit.
Nope-699 of those complaints are BONA FIDE aka Legit in your words.If done right-it can be profitable for the driver at Swift?That's some laughable comedy.The only 100% profitable outcome is for the carrier-Swift in this case.Again,I say only go with 100% O/O carrier or forget about it with large carriers like Swift or CR England (Swift of reefer companies)that offer FLEECE-PURCHASE opportunity to uninformed drivers.You just don't start out in trucking business with NO $ and even less business experience.I have been indep contractor (100% O/O company-NOT Swift) for over 8Yrs. It amazes me how people with hardly any driving experience eg:6-18Mos would even consider leasing a truck? BUT,if you believe the Swifty cheerleader lackeys (you should work driver recruiting);
any moron with a pulse can lease and earn mad money.NOT!You may not like the critique;but,SWIFT LIES speaks the truth in this case!
Click on link I posted in previous post:boned by Moyes and company!
Hey Moron-Swift Lackey

Renton, WA

#40 Feb 23, 2011
Owner-Op wrote:
I am not a heartless man. I realize that there are people who have failed in this business. I realize some may have failed due to a lack of business skills, the economy, and possibly, a misrepresentation from a agent of the company. I think that is an exception, rather then the rule.
It is true that if you haul freight for anyone else while you are leasing from swift, you are in default of your contract. Your lease will be canceled and your truck taken back. This is mentioned in the contract.
Swift pays the plates for O/O's. They don't want you hauling for someone else while they pay the plates. The Insurance and the authority is another matter. I do not agree that you can't leave swift, but again, that is in the contract. It is a large risk, doing the lease-purchase. If done right and smart, it can be profitable.
The person that drove out of the driveway at swift, and the tranny blew....there should have been some kind of warranty. Post the link to the story, I would be very interested to read about that.
While one success story does not undo 700 failures, 700 failures does not undo 1000's of success stories. Thats assuming all 700 complaintants are legit.
That's laughable-700 failures.OK 699 are BONA FIDE or legit in your words. The only one with 100% success is Swift with their FLEECE-PURCASE program.You may not like it;but, SWIFT LIES speaks the truth regarding Swift.Click on the link from my previous post:)
SWIFT LIES

Providence, UT

#41 Feb 24, 2011
Owner-Op wrote:
I am not a heartless man. I realize that there are people who have failed in this business. I realize some may have failed due to a lack of business skills, the economy, and possibly, a misrepresentation from a agent of the company. I think that is an exception, rather then the rule.
It is true that if you haul freight for anyone else while you are leasing from swift, you are in default of your contract. Your lease will be canceled and your truck taken back. This is mentioned in the contract.
Swift pays the plates for O/O's. They don't want you hauling for someone else while they pay the plates. The Insurance and the authority is another matter. I do not agree that you can't leave swift, but again, that is in the contract. It is a large risk, doing the lease-purchase. If done right and smart, it can be profitable.
The person that drove out of the driveway at swift, and the tranny blew....there should have been some kind of warranty. Post the link to the story, I would be very interested to read about that.
While one success story does not undo 700 failures, 700 failures does not undo 1000's of success stories. Thats assuming all 700 complaintants are legit.
Your an ideot. You only here the truth by going to the shops where the work is done, talking to the drivers and the workers. There is no link to it. It happened in real life not on the web u moron.

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