• Report: #776000

Complaint Review: EXP Logistics

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  • Submitted: Mon, September 12, 2011
  • Updated: Fri, February 22, 2013

  • Reported By: Bruce — Chattanooga Tennessee USA
EXP Logistics
329 Wauhatchie Pike Chattanooga, Tennessee United States of America

EXP Logistics EFS, ETI, EFI Failed to pay employee for earned wages Chattanooga, Tennessee

*Author of original report: New Name, Same Crooks

*Author of original report: good for you, but . . .

*UPDATE Employee: Everything is the opposite with me

*Author of original report: UPDATE - EXP Defies Court Order To Pay

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Aside from legal issues with this company failing to properly inspect thier trailer fleet or provide driver's with the authority to replace parts that would not pass an official DOT inspection (lights, brakes, tires), this small outfit which has changed names several times in the past 10 years and been subject to numerous lawsuits for failure to meet contractual and financial obligations  has refused to pay me for two weeks of work that I complete.
As an over the road company driver, they agreed to pay me 32cpm for miles driven in the rental truck which they provided to me to pull their trailers hauling freight for their brokered customers.
They paid me for my first trip from Chattanooga, TN to Houston, TX, but refused to pay me for the following two weeks during which time I drove back east to Jacksonville, Florida (making a total of three stops, two of which earned me additional compensation), north to Chattanooga, Tennessee, west to Lenexa, KS, back east to Gibson City, IL and south to Dallas, Texas.
I spoke to their safety director Ruthi Hurn and she passed the buck, I wrote a letter to VP John Limerick which he has ignored, I have contacted the US Dept of Labor and initiated a formal complaint, and I am presently being forced to take legal action and hire an attorney to sue them in small claims court.

This report was posted on Ripoff Report on 09/12/2011 10:47 PM and is a permanent record located here: http://www.ripoffreport.com/r/EXP-Logistics/Chattanooga-Tennessee-37419/EXP-Logistics-EFS-ETI-EFI-Failed-to-pay-employee-for-earned-wages-Chattanooga-Tennessee-776000. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
3Author 1Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

New Name, Same Crooks

AUTHOR: bbmyls2go - (USA)

Another ripoff report has been filed by a contract driver (O/O) with EXP and he reports that they have now added ANOTHER name to the list of dba's they have used in the last decade.  Apparently being sued under one name just encourages them to reorganize using another name.

Now EFI/ETI/EFS/EXP is known as DIAMOND TRANSPORT.  Same address on Wauhathie Pike in Chattanooga, same family of crooks, the Limericks. 

Has anything changed?  No.

My own update is that after getting HireRight to delete the false DAC report filed by EXP, EXP is now simply notifyiing my potential employers of the lies that they have been telling from the start.  The court has dismissed their lies, HireRight has dismissed their lies, yet they continue to send false information out which I have no way of fighting since it is required by the DOT for a background check to include contact with the previous three years of a drivers employers.  I am now in talks with a local lawyer about bringing a Libel or Slander suit against them.

But back to Diamond Transport :  think I am exagerating when I repeatly say they run crap trailers?  This outfit has only been in existence for a few months and is already racking up violations.  If you pull their trailers, YOU are to blame.  Don't say you haven't been warned :

www.quicktransportsolutions.com/inspectionreports/diamond-transportation-inc-usdot-765484.php 
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#2 Author of original report

good for you, but . . .

AUTHOR: bbmyls2go - (USA)

Your lack of knowlege of my experience with the company does not mean what I have reported is not accurate in regard to my situation.  They DID refuse to pay me, I DID sue them, I DID receive a judgement in my favor, and they DID AGAIN refuse to pay me.  I had to file in the court to put a garnishment order on their bank account.

I was not put in a motel after the accident, but was left to idle in 107 degree Texas heat for 4 days and then in court they had to guts to try and counter-sue me for the cost of fuel.They tried to lie to the court and say that I did not take a post accident drug screen then tried to lie that it was required by law to be done in a certain time frame - that is not the case when it is ordered by an insurance company and my accident was a DOT non-recordable accident which means no post accident test was required by the DOT.If you drive, then you know that following too closely is not the only time a driver has to apply the brakes hard enough to cause a load shift - cars cut us off and require fast stops such as mine all the time  (which I did safely; I did not strike the vehicle in front of me as a result of not being able to stop in time thus I was not following too closely).  You also don't know how the configuration of the load itself by the shipper led to the crushing of a single pallet they put in the nose.  Something that with a sealed trailer, I had no control over.
I personally inspected each of the trailers I pulled and the very first one had an expired DOT inspection decal.  It was not inspected, but a new decal was put on and I was told to take it. 

 I was twice told to drive the trailer with bad tires (run them til they blow), and on one occasion just two days prior to the incident in Texas, Ruthie herself REFUSED to let me replace two tires that were in bad shape even though a third had just blown out.  Some of us out here dont have the bank account that would allow us to park the truck and refuse to run it.  Others of us are more concerned that an outfit like this, which filed a false DAC report on me AFTER I had filed my lawsuit to get my pay, would also not hesitate to slap a false "abandoned equipment" report on a driver who refuses to drive. 

Glad you're happy with them, but you can't rebut my facts and my experience nor the same type of stories I have heard from EXP drivers during my short period of employment there.
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#3 UPDATE Employee

Everything is the opposite with me

AUTHOR: King of the Road - (United States of America)

I have worked for this companyfor over three years. I know of some employees with an excess of 5 years. After reading your report and speaking with other drivers I feel there is more to this story. I have always received my pay on time. The other drivers have told me they receive there pay as well. I cannot believe they decided not to pay you.

I started as an owner operator. I was off work for medical reasons and the company stayed in touch with me and kept my trucks running. While an owner-op I never had a problem with them repairing equipment. I now have sold my equipment and drive a lease truck. I still have no problems getting my pay or getting equipment repaired.

I was involved in an accident a month ago and was not left to deal with it on my own. The company did their part even providing a motel room and meals. I was also compensated for my downtime. It must be noted I was not at fault.

Slamming on the brakes and causing a load to shift is a preventable accident. It usually occurs from following to close or speeding-driving in an unsafe manner. I have to believe there was damage to the vehicle or else you would not have been left to get home yourself. I know of several occassions where drivers have had loads of paper shift and they have hired someone to reload it. In this drivers opinion you are blaming the company for your own misfortunes.

In regards to the equipment, all trailers go through a yearly inspection. If you are up on your reg's you will know about pre and post trip inspections performed daily by driver. Driver also agrees not to operate unsafe equipment. I have never been asked nor forced to move any equipment I felt was unsafe and again I find it hard to believe you were the one forced to do something that noone else had to.
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#4 Author of original report

UPDATE - EXP Defies Court Order To Pay

AUTHOR: bbmyls2go - (USA)

It took me several months to bring a simple civil court case against them to show that they were in violation of Tennessee state law in not paying my salary after firing me.  They brought in a lawyer who filed a counter claim for thousands of dollars stating that they lost money due to my negilgent driving.  At the court hearing in February I showed that A) there was no evidence of negligent driving (and they provided no proof of such);  that B) they were in violation of Tennessee law; that C) they were lying in court about several issues (my pay agreement, the facts surrounding the accident which led to my firing (a load shift after an emergency stop on the interstate), my failure to take a required drug/alcohol test, their leaving me stranded in a Dallas truck stop with no options to get home); and that D) they were lying about the accident itself - it was by definition NOT a DOT reportable accident, NO injuries, NO disabled vehicles, NO citiation issued to the driver.  There were other issues that I challenged them on in front of the judge that they were unable to explain but I won't go into detail here.  The fact is that they did NOT prove their claim and that I WAS rewarded the obvious judgement that they owed me my pay.

Since then, EXP has refused to pay me the court ordered judgement.  I am again seeking civil action against them and placing warning ads on Craigslist and TheTruckersReport.com about their illegal actions.  This company is a disgusting crookedly run outfit by the Limerick clan and I am cluesless how the state of Tennesse allows them to stay in business given their track record of complaints, law suits, and non-compliance with state laws.

FURTHERMORE, I have just learned that they falsely reported to HireRight (DAC) that the incident (accident) I was involved in was a DOT recordable accident and that there was an injury involved.  NEITHER of these are true and neither their ops manager Ruthi H nor their lawyer attempted to correct my testimony to the judge when I showed him the definition of DOT recordable accident and testified that A) there was no disable vehicle B) there was no ticket issued and C) THERE WAS NO INJURY.  I am now having to take action to correct the false report of EXP that is in my DAC report.
They are currently advertising on CL (how classy) for 2 more company drivers and additional contractors to pull their poorly maintained trailers.  I advise anyone reading this to not do business with EXP Logistics either as a driver or a shipper.  Do your own research to find multiple lawsuits against them, multiple corporate names in the last decade, and their continued disregard of court judgements.
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