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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Da Law

Laredo, TX

#62 May 25, 2011
Swift, gave me many good opportunities ; as well as,hard times.I graduated from Swift Academy and immediately began a dedicated run in Texas.Swift was the only company in the U.S. to give me a chance.Prior to swift I had a college degree,a full Va pension, and a partial Government pension from the Justice Dept.I stayed as a shuttle driver for one year before I convinced myself that I was going to be O/O.I struggled to average 2,200 miles weekly during my 3 year lease; but my child support and tractor lease was kept. Being a Lease/Owner you will never own a decent truck because swift owns you and the truck.I managed to get a Cdl, a couple of safety awards, and for the first time in my life I qualified for Food Stamps in Texas.I paid a 70,000 dlls lease but could not afford a 20,000 dlls balloon payment.I drove and return my life time gamble back to Phoenix and filed a dis-agreement.I have return home to enjoy my pensions, family, without half as much stress.
Rich

Melbourne, FL

#63 Jul 24, 2011
The way it is with Swift is exactly the way it has been with trucking for the 40 yrs my fathers been it an the 15 yrs I been in it! These are big training companies that prey upon the inexperienced drivers out there! The do not realize till there in the seat! No realistic person would ever get into a lease or own a truck..unless you had the money to buy it out right and pay youself back. Most people dont have the tolerance forr the industry today which is sad!I love it but i worked my way to a private fleet driver! Nothing beats it..Swift is a company that is out there to make money like anyone else! Drivers have to read theyre lease agreements and get smarter.You can make it! truck smart! Way to go for swift! they just landed Brundidge,Al. and All of Florida Grocery DC's in Florida bye bye Greatwide!
Da Law

Laredo, TX

#64 Aug 8, 2011
Imagen you paid the full lease of 70.000 in three years.Now imagen the nice professional con that you have been communicating with for the past two years nine months stop answering your calls about the final baloon payment verbally and agreed about ten to twenty percent down.Imagen the owner of swift snarty nose grandson changing the agreement and demanded fifty percent of 38,000. I went directly to phoenix to meet lil snarty, Joke, Ha, Ha. I turned in my beautyful blue 2007 W9 with a letter of dis-agreement and past a copy to the chain of command.Swift call me two weeke later a offered me my qualcom and I had 10 days to come and get it I replied the qual comes with the and swift will render the qual useless. I was a O/O with limited miles and a dedicated employee .

“Trucking Is Not A Job-Its Life”

Since: Jun 07

Richmond / Colonial Heights,VA

#65 Aug 8, 2011
lawsuit update:

Posted on Wednesday, July 27 2011 at 2:43pm
The Ninth Circuit Court of Appeals issued a ruling today holding that a Court must determine whether the Federal Arbitration Act's exemption for employees in interstate commerce applies to truck drivers such as the Plaintiffs in this case. Nevertheless, the Ninth Circuit refused to grant the mandamus petition and order the District Court to reverse the prior decision sending the case to arbitration. Thus, the Ninth Circuit affirmed the Plaintiffs' legal position that the law requires a Court to decide whether the owner operators are "employees" exempt from the Federal Arbitration Act, but did not order the District Court to comply with that ruling. Click here to review the 9th Circuit's decision.(15 Opinion Denying Mandamus.pdf 73KB) It may take a short period for the parties and the District Court to work out the effect of the decision, however, Plaintiffs are optimistic however, given that the Ninth Circuit affirmed our legal position. Further updates will be posted as the effect of this ruling and how it affects the parties' positions becomes clear.
Funbi 1

Renton, WA

#66 Jan 18, 2012
Hey,
How do I join the on=going Law Suit?
Contact me ......funbiani@gmail.com
Ex Swift Owner Op

Woods Cross, UT

#67 Feb 13, 2012
I worked for swift for 7 yrs. as a company dr. then O/O.. there lease program is now a joke. you pay 125K for a truck and then 60k on the balloon payment. during this time if your waiting for a load for more than a day you cannot find a load anywhere else to get you somewhere else where the fright is. as for the mileage pays. being in the office at times has allowed me to see what is done to fix the mileage. its not 7 to 10% its upwards of 20% at times done by adding more towns to the rout. if your contract is termed for any reason even at swifts preference. you are left with nothing all occupational insurance as well as every other benefit that is deducted from pay is terminated that day.. if terminated due to accident everything is canceled as of day of accident.. it is in contract and has been for years that you are not allowed to drive for anyone but swift as long as you are running there base plates. you are not even allowed to pull your own trailer if you own one. you are governed under there rules from speed to loads to logging. if you end up with a lemon your stuck with it. cause IEL will do nothing to fix problem. cause you are governed under the law of a state that doesn't have a lemon law. they even riff you off on fuel surcharge. ask other company's what thew pay the O/O's and you will find that its about 40 to 50 cents higher.. all in all i had a good run at swift. but in the end was termed due to an accident that was caused by mechanical failure. i paid over 60k on the truck and got nothing in the end. Cause i was not the owner of the truck and the insurance company was charged the exact amount left owning as if i made all lease payments and balloon payment. this is not legle. they made a tone of money on the truck just in interest alone they they shouldn't have gotten cause the insurance company payed the truck off early.
john cobb

Laveen, AZ

#69 Feb 23, 2012
F@#ck Swift Transportation.I hope the government find some more shit on their sorry asses.
Frank H

Columbia, SC

#70 Feb 25, 2012
Swift owner operator wrote:
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!!
Amen. O/O allows you to make more money and allows you to make critical choices about your future...Notice I said YOU. As an O/O, watch your books and fund your life/future/retirement/etc on your terms!
not quite here

Bowie, MD

#71 Feb 29, 2012
I wouldn't wish Swift on my worst enemy.
Gloria Wallace

United States

#74 Mar 26, 2013
Swift is what you make of my husband and I have been with swift 11 years and our 3rd o/o truck we built a new house on 20 acres and payed cash you can say a lit of things about swift but the check is always there and always good the best term. To be out of is edwardsville so say what you what you want. But I don't have a house payment or any bills so thank you swift!!!!
DaHittman

Houston, TX

#75 Apr 6, 2013
I was an o/o for Swift and they have the trucking game on lock. But only in their favor. Slow trks for safety,and fuel economy yeah right. You burn more fuel climbing grades, now you become a saftey hazard for others that can do the climb. Accidents with swift hasn't changed.You being an o/o why should they govern your truck,or tell you how or when to wash your truck. Only thing that comes to a sleeper is a dream,ten years to pay for a truck?????? Then you buy a house, Put your brian in a bird he'll fly backwards. They hold ppl freight that should have been there 2 week ago. I know I was a clean up man delivering these loads. I moved on and doing a 100% better, SMH Blowing your doors off saying that use to be me. Stop Kiss Axx and tell the truth you say you own and operate act like you got a pair!!!!!
BEEN THERE DONE THAT, GOT A T-SHIRT FOR THAT !!!!
They control what you make, they let you run hard ,they snatch the rug from under you.
WAKE UP!!!!!!!!!!
po hillbilly

Pasadena, TX

#76 Apr 12, 2013
swift is biggest bunch of lying theiving douchbags. Been out 22 months. Home 1 time. Oh there are no loads. Bull. Not Making anything for me. All for them.
David Tyler

United States

#77 Jun 24, 2013
I'm on my third lease made money every time. If your not getting miles change terminals. Remember that the dm works for you not the other way around. I'm always moving making money and have had numerous issues with my tractor breaking down most covered under warranty after it failed three times the shops u use make all the difference
poor boy

Colorado Springs, CO

#78 Jul 19, 2013
My experience with Swift is that it really depends on what terminal you work for and who your dm is . As a company driver, it seemed to me that they averaged your miles because i kept ending up with about the same weekly mileage regardless of whether I took , turned down or ignored the preplan. Someone mentioned getting on with a dedicated account, that was hit or miss. Was on two and the mileage was not much different from running general freight. I looked into the "lease" option but walked away when they were too eager for me to sign without having the contract looked at so I was aware of the obligations on both sides . Too many people I saw getting into it failed to think about it as being their business and were only looking at the money they might make. So it goes both ways in the responsibity department .
3 million miles

Woodland, CA

#80 Feb 4, 2014
Gentlemen, being an O/O, is no different frim running a small business! It takes time and commitment. Knowing where your cash flow comes from and where the cash goes...Owning a truck is and always will be extreamly difficult.. We are taxed by everybody and regulated to the hilt... Swift and all the other companies are there to make money. Period!!! Hire a good bookeeper and a really good CPA firm... Structure your business for success! Ever heard of a "Business Trust"? Walmart does it,why cant an O/O do the same......
3 million miles

United States

#81 Feb 8, 2014
Business is about so many variables. Owning a truck is a business...once you have the title then reality hits... It must be maintained and upgraded........(.14 cents a mile must be put away for replacement ... Do the math..... every load you take is money in your business... Save it!!!!!!!
terry

United States

#82 Feb 11, 2014
well i have a big issue with a few diff areas with swift. i currently drive for them. i lease a truck from them. we are getting screwed out of so much money from swift transportation. get paid 1200 miles but the actual trip is 1350 miles so therefore we are not getting paid the mileage for that 150 miles and no fuel surcharge for that 150 miles.swift transportation is making billions of profit each year by shortchanging their drivers on their miles they are paying them. never get you home when u want. macro 30 choose your load is not worth a crap. give us a load board . but i will end up leaving swift because of the getting screwed out of 20,000 dollars a yr per drive on the low of 13,000 per driver per year of the paying mileage. pay your drivers the actual mileage.on that note. go screw your self
say you get screwed out of 200 miles each week x 52= 10,400 miles in a year you are not getting paid your milesage pay or your fuel surcharge and in swift case of 92 cents a mile for a o/o and 42 cents fuel surcharge. come out to 13,964 for a o/o they are not getting paid per year so think how many o/o with swift. they are making billions a yr off cheating us. but its ok.not shit will be done about it. to bad i cant contact jerry himself and tell him to F off

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