• Report: #302629

Complaint Review: Swift Transportation

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  • Submitted: Wed, January 23, 2008
  • Updated: Wed, May 28, 2014

  • Reported By:Couldbein Yukon
Swift Transportation
2200 South 75th Ave. Phoenix, Arizona U.S.A.

Swift Transportation Seeking Participants For A Class Action Lawsuit Phoenix Arizona

*UPDATE EX-employee responds: Like to join your Class A action suit against Swift

*Consumer Comment: Great News

*UPDATE EX-employee responds: Not a Rebuttle

*UPDATE EX-employee responds: transportation

*UPDATE EX-employee responds: Glad to Participate

*UPDATE EX-employee responds: Thanx for ruining what i had left in life

*UPDATE EX-employee responds: swift and DMV

* : SWIFT TRANSPORTATION - TRUCKING - DANGER - !!

*UPDATE EX-employee responds: i am with you, screw them

*UPDATE EX-employee responds: i am with you, screw them

*UPDATE EX-employee responds: i am with you, screw them

*UPDATE EX-employee responds: i am with you, screw them

*UPDATE Employee: swift largest threat to the professional drvr and the motoring public

*UPDATE EX-employee responds: reponse

*UPDATE EX-employee responds: ill stand with you

*UPDATE EX-employee responds: JERRY MOYES

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[For all those company people, i.e. Current Drivers, little girls in the office or anyone else currently employed by Swift You may post as many rebuttals, explanations or statements of disagreement as you like, however I will not respond further to anyone from Swift. ALL relevant facts are stated herein]

This correspondence is written by a past employee in an effort to solicit participants to determine feasibility of a possible class action lawsuit against Swift Transportation for violation of Federal Labor Laws and/or the FLSA.

Lets start with Swift Driving School: A prospective Driver enrolls in the School, fills out all the paperwork, continues through School and graduates, is assigned a mentor then graduates and is assigned his/her own truck.

Part of the required paperwork to be signed prior to starting School is a Tuition Reimbursement Agreement to be payroll deducted -- {paraphrased clause} In the event the Driver's employment ends, Swift may withhold the employees last payroll check to be applied toward any remaining unpaid balance due on Tuition.

(A)Swift policy states that Drivers who are on duty, not driving will receive breakdown pay and/or reimbursements for overnight motel bills, or both.

(B)Federal Law states: a Driver is on duty, not driving, waiting on a dispatch during a 7 day period, the Driver drives a total of 800 miles for a week @ .34 per mile = $272.00. On duty time = 56 hrs. Average hourly rate = $4.85 per hr. The Driver must be paid equivalent to $5.85 per hr. Federal Minimum Wage.

(C)Federal Law requires ALL Swift Drivers who are on duty between Monday thru Sunday of ANY week, to average $5.85 per hour for all on duty hours, it DOES NOT matter how many miles are driven. (this includes time waiting on a load or any other on duty time)

(D)Example: After your home time ends (on Sunday) and you receive your first dispatch to begin your next 14 day work period (on Monday), your payroll check for week 1 should not be less than $409.50 and, your payroll check for week 2 should not be less than $409.50, it does not matter how many miles are driven.

(E)You are a past employee Driver and have received phone calls or a correspondence from Collect America Commercial Services, Inc. 16011 College Blvd. Suite 101, Lenexa, KS 66219 regarding a debt owed for Swift Driving School and you did not receive your last payroll check or your last payroll check did not include pay for which you submitted BOLs or receipts.

Once a Driver's employment ends with Swift, the unpaid tuition balance is turned over for collection. The Driver's last check is withheld by Swift. The amount of unpaid wages and any other money owed to the Driver IS NOT deducted from the outstanding tuition balance that Swift attempts to collect. Federal Law requires ALL earned wages to be paid.

Current and past employee's who are interested in the possibility of recovering back pay and wages due, please respond to this complaint. Current employees please do not disrupt the work place or solicit participants on company time or on Swift premises.

Respondent's, please understand we will need 10-15 willing participants who will be directed to a website for screening at a later date. This will prevent company management from posing as a participant or interfering with the effort. The website and additional information will be posted here, please check back every week or two for the next several months.

Jerry
Couldbein, Yukon
Antarctica

This report was posted on Ripoff Report on 01/23/2008 11:17 AM and is a permanent record located here: http://www.ripoffreport.com/r/Swift-Transportation/Phoenix-Arizona/Swift-Transportation-Seeking-Participants-For-A-Class-Action-Lawsuit-Phoenix-Arizona-302629. 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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Updates & Rebuttals

#1 UPDATE EX-employee responds

Like to join your Class A action suit against Swift

AUTHOR: Hassan Muhammad - ()

How do I join the Class A action suit???

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#2 Consumer Comment

Great News

AUTHOR: Walter - (USA)

A judge has recently allowed this lawsuit class action status. If you are a current or former employee of this company you can join the lawsuit. I'm not sure of the website but you can look it up. If you feel you've been screwed out of milage pay this might be worth your while.

My wife used to work for this brain dead company but now has a geat driving job with a local company and makes good money. She is now part of the class action against Swift.

Hopefully this will make Jerry Moyes and all the others who own trucking companies think twice before screwing their drivers out of pay.

I wish you all good luck.

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#3 UPDATE EX-employee responds

Not a Rebuttle

AUTHOR: Thomas P. Grady SR - (United States of America)

I am with you, I started out as a company driver and moved to the Owner Operator division in June. I have been ripped off by this company since day one. Lets start at the beginning. When I was recruited over the Phone by Jackie Curley i was told 3 things. 1st. I would be paid 0.44cpm based on my experience, 2nd I would receive a 3000.00 sign on bonus. After attending Orientation in the Syracuse Terminal in Syracuse NY Based on my Experience I would go right into my own truck.
After Attending "Orientation" Not only was I not put in my own truck I was told I had to go out with a "Mentor" for 50 hours. Then I was sent home because there were no mentors available.
After 2 weeks at home still not making any money they finally called me and told me that there was a mentor available and that i was going to be bussed to NY to meet him. Also my 50 hours turned into 240 hours. After numerous phone calls I finally got that fixed and was returned to the 50 hour status. Upon Meeting my "Mentor" I only then discovered that he had only been employed by SWIFT for 3 months. and that he only had scattered employment history with the trucking industry for the last 2 years. (Total Driving Experience = 8 months) "8" Months? Are you kidding me? I have over 21 years of driving experience and I am going to be trained by a guy with only 8 months. Then I find out I'm his "FIRST" "STUDENT"..
He turned out to be a nice guy on the personal level and we are still friends to this day, but SWIFT really needs to get their act together on this one. OK, so now I'm dropped off in Fontana CA. by this mentor..I'm supposed to be dropped back off in NY Whatever. Fontana has NO trucks. Thank god I have relatives in San Diego because they were NOT even going to put me up in a Hotel.
When I check my "Student Pay" which by the way I was told by the "Orientation Staff" in NY that for experienced Drivers it is 735.00 per week..LIED AGAIN!!! I only had 160.00 on my comdata card!!! After trying to contact the Student Driver Development Coordinator in NY (Which he never returned my calls) I Finally got through to him he set up a appointment with the Fontana Terminal to do my "Finishing out" paperwork. (AFTER 1 WEEK IN CA!!!!!) Upon Completion of this paperwork I returned to my family's home and sat for yet one more week because DAVID in NY NEVER told anyone I was in CA. After getting my truck in my 3rd week in CA I got my first load back home. Picked up in California Delivered to Colorado. The trk I had was a piece of junk broke down so they bussed me to Edwardsville KS for another truck. Which they charged me for!!!! Got new Truck in KS it was a wreck took me 9 hours to clean it. Next day got a load from terminal to Illinois, then a load from ILL to PA, Then PA To RI. After all that I still did not receive a paycheck. NOTHING was deposited on my card. I fount out then that they only paid me 0.20 per mile!!!! This story goes on and on and on..I will gladly tell a judge how SWIFT rips off its drivers and how the STAFF hides from its drivers.
As an Owner Operator. WE are Always in the hole!!! ALWAYS!!! They breeched the contract on that alone because we are to get enough mileage to break even, we are NOT to go into the hole!! I have not received a pay check in so long, I am about to be evicted from my home, my utilities turned off and my wife is considering leaving me, When I got pissed off and flipped out on the qualcomm  I was told by Rapid Responce my "BEHAVIOR" was uncalled for and they are considering pulling my contract!!! Pull it BI@#H I already lost everything I have nothing else to lose. anyone wanting more infor contact me at uscg.veteran@gmail.com
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#4 UPDATE EX-employee responds

transportation

AUTHOR: tlewis - (United States of America)

I do agree transportation has gotten alot worse in  the last ten years and its harder to make a living now days being a driver. Alot of what you are suggesting is very true in an average regular everyday job. This is transportation and it is very different than other employment types. All contracts and legalities entered into with any major firm,needs to be well thought out and organized before signing them. Not saying that you didnt but you obviously didnt investigate how transportation works very throughly, its the business and any training company is set up the same way. We are not paid by the hour and you knew that when you are hired, you signed an agreement to this affect before you entered and probably after you entered school. We are paid by the mile and not by the hour there fore you wave your minimum wage rights, just a a restraunt server makes half of minimum wages because they bring in tips as well.  We all started of as students and all made 20 sumthing cents a mile until we erned our way to higher milage pay. As a new driver people come into transportation un der the assumption they will make 30,000 that first year and possibly more the next year. All the company says is it is possible and it is. If you have an experienced driver telling you every move to make, other wise there is no way you'll make 400 a week take home the first  month. You expect to come out and make a 1000 a week like you hear drivers talk about??? You know nothing, barely able to move the truck down the highhway with outr hitting anything,takes forever for new people to back in a spot to load or unload, forever to calculate a route to drive and no swift is one company that does not force you to drive a certain route, especially to fuel. In a year and half they have never forced me to fuel any where, i call in request a reoptimized fuel route and with in minutes I have a new place to fuel, or i give them a station code and i can fuel any where on there network. You being new probably did not ask to be reoptimized and drove outa route on youre own because you didnt check your fuel route prior driving,to make sure it was in route. It is computer generated and its your job to route your self, that is a suggested route and you advise them if the fuel route doesnt work. Thats part of your job as a professional driver, is to do more than just drive. An while you were in school didnt they explain that you will drive upo to 11 hours a day,unload,load,trip plan and fuel and that you would be paid by the mile? You thought it was going to be just driving and lots of money just like all the new people did,including myself. Well none of us decade experienced  drivers would still be doing this if it was all lies and misleading by trucking companies. You are paid what your worth and in the beginning new drivers arent worth very much. It takes a good year with one carrier to figure out how there opperation works and make ok money. Its a normal thing with new people, did you think your the only one who thinks you got ripped off??? Pay is by the mile, its up to you how many miles you run a week, if you stay on ur driver manager for more miles, or opperations if you arent getting any where with your dm and to run hard,stay legal,be safe and learn on the job as you go. So if you werent making money you didnt kick a fit and hound your dm, its called work and by the way no company would purposely run a driver out of route get fuel, with the company paying 4 buks a gallon,they"d be broke in no time. They computer will optimize you based on several factors that you being new and uneducated to transportation had no idea about. Ifta is one of the factors, its called sales taxes on fuel and some states are extremely higher than others and its beneficial to save on taxes when your paying 800 dollars to fill up one truck let alone thousands of trucks. It generates by how much you have and how much the price is and how much taxes per gallon it'll cost, as if you drive in a state and do not fuel so many gallons there at the end of the year you will owe road taxes. If you"ve fueled so much in that state your roads taxes are included for fueling. So a billion dollar business didn't try to screw you, you were just to ignorant at the time to understand its business decisions not and out to get you thing. Hope you have better luck as your experience grows. But remember its your fault you dont get miles due to improper trip planning,not asking for loads and being available and ready to drive or just not nunderstanding how this business works. Maybe you'll do better working for the labor board as you seem to know more about minimal wage regulations than operating a commercial vehicle and the business of it.
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#5 UPDATE EX-employee responds

Glad to Participate

AUTHOR: RJP - (United States of America)

I have recently left Swift. I resigned due to Hostile Work Environment, this is how my letter of resignation was titled. I would like to participate in any class action legal action to bring this company and its practices into the light of day. I have documentation and photographs that prove my stand and statements.
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#6 UPDATE EX-employee responds

Thanx for ruining what i had left in life

AUTHOR: reconmkd - (United States of America)

i went to this so called school that swift put on. i also quit before i started with the mentor, because my grandmother was dying of cancer. their remarks were that everyone dies, so move on and meet with the mentor. i found a job driving for a local dump truck company and have been there every since. i am now medically disabled from my deployment from iraq but still able to drive. then i got the LETTER from the state i live that i have lost my cdls because of this crap from swifts school. so not only was my life ruined in the military, now less than 6 months of being booted from the army, now i cant even go back to the job that i have had for several years. thanks for ruining what i had left in life! to all those thinking that swift is the answer to finding a job RUN!!!!!! i am now happening to study the damn manuals all over again and have to start all over again, while trying not to lose everything i own. again thanks for nothing, i hope somone throws the book at whoever started this scam!!!!!!
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#7 UPDATE EX-employee responds

swift and DMV

AUTHOR: Arthur - (U.S.A.)

every body has been scewed by swift and the DMV and thats why the truckers should go on strike and shut the country down and see how they all like being scewed like we all have.
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#8

SWIFT TRANSPORTATION - TRUCKING - DANGER - !!

AUTHOR: Dave - (U.S.A.)

SWIFT TRANSPORTATION - TRUCKING, the ones with the Blue and White Equipment, I never drove for them, and I NEVER WILL, their a Fraudulent out fit, full of Corruption, lies- deciept, manuiplation, its well known thru out the industry, but also something else everybody should know, that maybe they don't, is that the TEAMSTERS UNION, actually has a stake in this company, as was reported in a trucking article back about 2 years ago, their like investors, as I recall, they invested several million dollars of Pension money into this company, in hopes of a return.   As Ridlicious as this sounds, well its not, the Teamsters also invested money into the company that makes Twinkies out in california, a few years ago too !!!   Swift Transportation shouldn't even have a license to operate or a Motor Carrier number either, they should have their Authority Yanked and deemed unfit and not allowed to re-open under another entinty either, thats in the works,, to keep these fraudsters from operating under other names under the radar of the law, but it takes time - hopefully in time, Swift will not be around anymore, and become something of the past like dust in the wind, along with CR England, Schneider, Werner Enterprises, JB Hunt, and the rest of these Corporate Carriers who've committed so much fraud and corruption, the owners and dispatchers and managers could go to prision for a very long time,,, in time, it'll happen,, they've already provided enough rope to hang themselves, thats the funny part !!!
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#9 UPDATE EX-employee responds

i am with you, screw them

AUTHOR: Screw U Swift - (U.S.A.)

you are right, some one must put an end to this criminal org, thats what i call them.
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#10 UPDATE EX-employee responds

i am with you, screw them

AUTHOR: Screw U Swift - (U.S.A.)

you are right, some one must put an end to this criminal org, thats what i call them.
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#11 UPDATE EX-employee responds

i am with you, screw them

AUTHOR: Screw U Swift - (U.S.A.)

you are right, some one must put an end to this criminal org, thats what i call them.
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#12 UPDATE EX-employee responds

i am with you, screw them

AUTHOR: Screw U Swift - (U.S.A.)

you are right, some one must put an end to this criminal org, thats what i call them.
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#13 UPDATE Employee

swift largest threat to the professional drvr and the motoring public

AUTHOR: Mateo - (U.S.A.)

we need a good lawyer.swifts un-ethical practices must be stopped.their scams and lack of responsability are on an un-imaginable scale.
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#14 UPDATE EX-employee responds

reponse

AUTHOR: Anonymous - (U.S.A.)

I think a class action suit is great.
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#15 UPDATE EX-employee responds

ill stand with you

AUTHOR: Hrlyman28 - (U.S.A.)

ill stand right next to you i got screwed by them as well not only with the driving school but with the loan repayment and a ticket that a student got while driving my truck and swift wanted me to pay it so the way i figure it is the owe me about $4000.00. i wish i could put my email on here so i can be contacted but thats how it goes
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#16 UPDATE EX-employee responds

JERRY MOYES

AUTHOR: Nasty Trucker - (U.S.A.)

Jerry is a d*k, he has no idea what goes on in his company, and if he does, he is an ultra-d*k for letting driver managers and other "office" personell treat drivers the way they do. i have been trying to call Mr. moyes but have not gotten a response... but i feel it would be better to tell him to his face what i think about swift, without all the legal crap. just a conversation.

and if you read this Mr. moyes, just know that $ cant buy you any points when you die and if you think your better than any one person on this planet, then i feel sorry for you. because that means you have forgotten where you came from.

so in short, stop hiding behind your receptionist/lawyers/and office people, come out and be real, be a man and face the people that make your millions for you. stop letting dm's and planners and customers treat your drivers like 2nd class citizens.

ill be driving to phoenix as soon as i get a job, and im gonna spend a whole week there, every day knocking on your door, untill i can tell you to your face how i feel and what i think you need to know. because to me your just another man, and nothing more. and i am not threatening you, i would like to simply speak with you for about 15 min. thats all.

branden
ex -driver, lancaster,tx
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