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Report: #374520

Complaint Review: Averitt Express - Irving Texas

  • Submitted:
  • Updated:
  • Reported By: Cookevillle Tennessee
  • Author Confirmed What's this?
  • Why?
  • Averitt Express 611 Trinity Irving, Tx 75050 Irving, Texas U.S.A.

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I really wanted people to know what a joke this company is. First I only got paid fifty dollars for 4 days of orientation out of state. After working there a while I thought it'd get better, but it got much worse. This place was a total joke. They employ many uneducated red necks and try to brainwash them into thinking that it is a great company. And it somehow works with many. Their pay is very low and they do not pay their city drivers time and a half after 40 hours either!! After I had earned 2 weeks of vacation I resigned with 4 days of vacation left....They only paid me for 1 day of it. After much run around with the corporate office I just chocked it up as a worth while investment to cut ties with this horrible employer. Please, I can't wait for an uneducated Averitt cult follower to rebut this while misspelling all of his words and talking about how great AE is...don't bother!! These are all facts!!!

Gary_is_a_thief
Cookevillle, Tennessee
U.S.A.

This report was posted on Ripoff Report on 09/19/2008 07:01 PM and is a permanent record located here: https://www.ripoffreport.com/reports/averitt-express/irving-texas-75050/averitt-express-is-a-scam-and-never-paid-me-the-vacation-pay-that-i-had-earned-irving-texa-374520. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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0Author
13Consumer
0Employee/Owner

#13 General Comment

averitt is not a rip off

AUTHOR: cheryl - (United States of America)

POSTED: Monday, April 11, 2011

Well my husband has worked for averitt for 4and a half years, he was paid $500 for orientation plus food. He has over $12,000 in 401k. His pay is $20 an hour and has been treated very well. His dad also quit a 15 year job to go to work for averitt, and loves it!!! Our health dental and vision insurance is only $37 week for a family of 6, with no deductable on dental and vision and a small copay for dr. visits and persriptions. I think they are very picky about the people they hire and somehow you slipped through their great hiring prosses. Sounds like you are someone who goes through alot of jobs and wont be able to keep a GOOD JOB anywhere. Good jobs are hard to come by and if you blew this one off sounds like you are the uneducated one!!!

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#12 Consumer Comment

Okay...Final Response To Steve...

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

POSTED: Tuesday, September 23, 2008

Steve Said - "You are still wrong on several points, and will get no apology from me.
Don't flatter yourself. You have know idea what you are talking about."

My response - If I am still wrong on "several points", then why are you unable to offer any substantive response, other than "you are still wrong." It's not as if I didn't point you to sources of information that supported my stances. Where Sir, are your sources of information?

Steve offers - "FYI...Federal law DOES NOT always supercede state law.
This is a common misunderstanding."

My response - In many cases, you would be correct. In this case however, you are not. This IS one of those cases where Federal law supercedes any state law that would contradict Federal oversight. Motor carriers engaged in interstate transportation of goods fall under Federal authority and regulation from start to finish. Motor Carriers are regulated from the Federal level and states adopt those regulations, and states are allowed to enforce those adopted regulations. They do not have any authority to override any of the compensation exemptions set forth in the FLSA.

I again pointed you to the source that prove it. Please, look up the appropriate Federal law specific to this topic to read for yourself the exemptions. You will find all the information under "29 CFR 782.3 - Drivers."

If you would like to look at some court challenges that affirmed the Federal exemption, you might peruse;

Southland Gasoline Co. v. Bayley, 319 U.S. 44; Levinson v. Spector Motor Service, 330 U.S. 649; Morris v. McComb, 332 U.S. 422; Rogers Cartage Co. v. Reynolds, 166 F. (2d) 317 (C.A. 6).

Steve Offered - "AND, I have had many of these issues both in court, and in front of the USDOL. I have prevailed."

My response - If that is true, then I am sure you will have no problem citing those cases for confirmation purposes, and so that the EXACT issues you are failing to clarify, can be understood by myself. You're not going to float by me, the assertion that you have ever received overtime pay, that was granted to you by the US Department of Labor, and/or unemployment compensation, and/or vacation and sick pay that was not addressed via written policy by any employer you have had, if you voluntarily terminated your employment without good cause, and/or without something concrete to prove good cause.

If all you have to offer is..."nanny nanny poo poo, you can't get me", then don't expect me to take your challenges seriously. Step up to the plate and prove your stance with SOMETHING.

Steve concludes with - "Furthermore, I am thoroughly familiar with the Federal Labor Standards Act. I am also thoroughly familiar with the FMCSA regulations."

My response - If that is true, then I fail to see why you have not grasped this rather elementary issue that apparently has you a bit confused.

I owned two trucking companies, one based in northwest Georgia, and the other in Chattanooga, Tennessee. I had to familiarize myself with not only the FLSA and the FMCSR's, but all applicable state employment laws as well. I know those exemptions inside and out. All of my drivers were exempt from overtime pay. My office and shop employees were not, and the reason they were not exempt was because their jobs did not ever require them to have any physical involvement with the movement of interstate goods.

The gentleman who filed his report worked for Averitt Express, and at no time would he have been in any position as a local driver of this company engaged in the movement of interstate goods, to be anything but an exempt employee of the motor carrier.

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#11 Consumer Comment

Anthony...No apology...And you are still wrong on several points.

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

POSTED: Monday, September 22, 2008

Anthony,

You are still wrong on several points, and will get no apology from me.
Don't flatter yourself.
You have know idea what you are talking about.

FYI...Federal law DOES NOT always supercede state law.
This is a common misunderstanding.

AND, I have had many of these issues both in court, and in front of the USDOL.
I have prevailed.

Furthermore, I am thoroughly familiar with the Federal Labor Standards Act.
I am also thoroughly familiar with the FMCSA regulations.


>>>
Submitted: 9/22/2008 11:47:31 AM
Modified: 9/22/2008 8:25:05 PM Anthony
Rossville, Georgia
U.S.A.

I Need An Education?
Steve's Question - 'Are you telling me that you are an expert in all 50 states' labor laws?'

My Response - I don't need to be. I've stated it clearly as I can, and quoted the source where it can be verified, that employees of motor carriers engaged in interstate commerce are exempt from labor laws as outlined in the FLSA and the standards contained within those standards as adopted by all fifty states. No state can override those exemptions.

Google 'FLSA' and read it. It's as clear as can be.

Steve's Comment - 'Each state has their own laws on employee compensation, in case you didn't know.'

My Response - That is correct, however, those differing state laws may well apply to other industries, but NOT to businesses specifically exempted by the FLSA.

Steve's Comment - 'And, if vacation time, sick days, etc are disclosed at time of hire as part of the compensation package, that is by law part of the employee compensation and can be enforced by the Department of Labor.'

As I stated previously, it is only enforceable if there is written policy that can be offered as proof that it is due and forthcoming upon termination. Vacation and sick pay is not part of one's wages or compensation. They are determined by law to be considered 'benefits', and as such, are not required to be offered to any employee by any employer in any state of this great nation. The only entity that considers them 'wages and compensation' is the IRS, and then...only if they are paid to the employee.

Links are hard to post on this site, so the best I can offer to you, is to google the issue or the question 'Is vacation pay and sick pay earned income?', and you will be pointed to several state sites that will confirm what I know to be the fact of the matter in all states.

Steve's Comment - 'You are dead wrong on most of your assertions.'

My Response - I'm sorry that you are in disagreement with my points, but all can be verified by yourself, as I have done many times.

Steve's Comment - 'And, in some cases you can quit a job and get unemployment compensation, and whether you are entitled to benefits or not does not stop you from filing, and initiating a claim. Nothing.'

I've never stated that one could not file a claim. And because to do so would take this thing completely off-track, I will refrain from indulging you in an off-topic subject, but I will offer that there are very few instances where a person who voluntarily terminates their employment would even be considered for approval of unemployment compensation, and those instances would have to include the employee terminating if there were egregious violations of employment law in evidence and documented sufficiently.

Steve's Comment - 'You really do not know what you are talking about.'

I'm sorry that you feel that way, but the fact is that I don't write without knowing what I am writing, and how to back it up if challenged.

Steve's Final Comment - 'Get some education.'

My Response - No offense, but you might do well to take your own advice this time, and I graciously accept your apology that will not be forthcoming, in advance.


>>>

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#10 Consumer Comment

Anthony...No apology...And you are still wrong on several points.

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

POSTED: Monday, September 22, 2008

Anthony,

You are still wrong on several points, and will get no apology from me.
Don't flatter yourself.
You have know idea what you are talking about.

FYI...Federal law DOES NOT always supercede state law.
This is a common misunderstanding.

AND, I have had many of these issues both in court, and in front of the USDOL.
I have prevailed.

Furthermore, I am thoroughly familiar with the Federal Labor Standards Act.
I am also thoroughly familiar with the FMCSA regulations.


>>>
Submitted: 9/22/2008 11:47:31 AM
Modified: 9/22/2008 8:25:05 PM Anthony
Rossville, Georgia
U.S.A.

I Need An Education?
Steve's Question - 'Are you telling me that you are an expert in all 50 states' labor laws?'

My Response - I don't need to be. I've stated it clearly as I can, and quoted the source where it can be verified, that employees of motor carriers engaged in interstate commerce are exempt from labor laws as outlined in the FLSA and the standards contained within those standards as adopted by all fifty states. No state can override those exemptions.

Google 'FLSA' and read it. It's as clear as can be.

Steve's Comment - 'Each state has their own laws on employee compensation, in case you didn't know.'

My Response - That is correct, however, those differing state laws may well apply to other industries, but NOT to businesses specifically exempted by the FLSA.

Steve's Comment - 'And, if vacation time, sick days, etc are disclosed at time of hire as part of the compensation package, that is by law part of the employee compensation and can be enforced by the Department of Labor.'

As I stated previously, it is only enforceable if there is written policy that can be offered as proof that it is due and forthcoming upon termination. Vacation and sick pay is not part of one's wages or compensation. They are determined by law to be considered 'benefits', and as such, are not required to be offered to any employee by any employer in any state of this great nation. The only entity that considers them 'wages and compensation' is the IRS, and then...only if they are paid to the employee.

Links are hard to post on this site, so the best I can offer to you, is to google the issue or the question 'Is vacation pay and sick pay earned income?', and you will be pointed to several state sites that will confirm what I know to be the fact of the matter in all states.

Steve's Comment - 'You are dead wrong on most of your assertions.'

My Response - I'm sorry that you are in disagreement with my points, but all can be verified by yourself, as I have done many times.

Steve's Comment - 'And, in some cases you can quit a job and get unemployment compensation, and whether you are entitled to benefits or not does not stop you from filing, and initiating a claim. Nothing.'

I've never stated that one could not file a claim. And because to do so would take this thing completely off-track, I will refrain from indulging you in an off-topic subject, but I will offer that there are very few instances where a person who voluntarily terminates their employment would even be considered for approval of unemployment compensation, and those instances would have to include the employee terminating if there were egregious violations of employment law in evidence and documented sufficiently.

Steve's Comment - 'You really do not know what you are talking about.'

I'm sorry that you feel that way, but the fact is that I don't write without knowing what I am writing, and how to back it up if challenged.

Steve's Final Comment - 'Get some education.'

My Response - No offense, but you might do well to take your own advice this time, and I graciously accept your apology that will not be forthcoming, in advance.


>>>

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#9 Consumer Comment

Anthony...No apology...And you are still wrong on several points.

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

POSTED: Monday, September 22, 2008

Anthony,

You are still wrong on several points, and will get no apology from me.
Don't flatter yourself.
You have know idea what you are talking about.

FYI...Federal law DOES NOT always supercede state law.
This is a common misunderstanding.

AND, I have had many of these issues both in court, and in front of the USDOL.
I have prevailed.

Furthermore, I am thoroughly familiar with the Federal Labor Standards Act.
I am also thoroughly familiar with the FMCSA regulations.


>>>
Submitted: 9/22/2008 11:47:31 AM
Modified: 9/22/2008 8:25:05 PM Anthony
Rossville, Georgia
U.S.A.

I Need An Education?
Steve's Question - 'Are you telling me that you are an expert in all 50 states' labor laws?'

My Response - I don't need to be. I've stated it clearly as I can, and quoted the source where it can be verified, that employees of motor carriers engaged in interstate commerce are exempt from labor laws as outlined in the FLSA and the standards contained within those standards as adopted by all fifty states. No state can override those exemptions.

Google 'FLSA' and read it. It's as clear as can be.

Steve's Comment - 'Each state has their own laws on employee compensation, in case you didn't know.'

My Response - That is correct, however, those differing state laws may well apply to other industries, but NOT to businesses specifically exempted by the FLSA.

Steve's Comment - 'And, if vacation time, sick days, etc are disclosed at time of hire as part of the compensation package, that is by law part of the employee compensation and can be enforced by the Department of Labor.'

As I stated previously, it is only enforceable if there is written policy that can be offered as proof that it is due and forthcoming upon termination. Vacation and sick pay is not part of one's wages or compensation. They are determined by law to be considered 'benefits', and as such, are not required to be offered to any employee by any employer in any state of this great nation. The only entity that considers them 'wages and compensation' is the IRS, and then...only if they are paid to the employee.

Links are hard to post on this site, so the best I can offer to you, is to google the issue or the question 'Is vacation pay and sick pay earned income?', and you will be pointed to several state sites that will confirm what I know to be the fact of the matter in all states.

Steve's Comment - 'You are dead wrong on most of your assertions.'

My Response - I'm sorry that you are in disagreement with my points, but all can be verified by yourself, as I have done many times.

Steve's Comment - 'And, in some cases you can quit a job and get unemployment compensation, and whether you are entitled to benefits or not does not stop you from filing, and initiating a claim. Nothing.'

I've never stated that one could not file a claim. And because to do so would take this thing completely off-track, I will refrain from indulging you in an off-topic subject, but I will offer that there are very few instances where a person who voluntarily terminates their employment would even be considered for approval of unemployment compensation, and those instances would have to include the employee terminating if there were egregious violations of employment law in evidence and documented sufficiently.

Steve's Comment - 'You really do not know what you are talking about.'

I'm sorry that you feel that way, but the fact is that I don't write without knowing what I am writing, and how to back it up if challenged.

Steve's Final Comment - 'Get some education.'

My Response - No offense, but you might do well to take your own advice this time, and I graciously accept your apology that will not be forthcoming, in advance.


>>>

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#8 Consumer Comment

I Need An Education?

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

POSTED: Monday, September 22, 2008

Steve's Question - "Are you telling me that you are an expert in all 50 states' labor laws?"

My Response - I don't need to be. I've stated it clearly as I can, and quoted the source where it can be verified, that employees of motor carriers engaged in interstate commerce are exempt from labor laws as outlined in the FLSA and the standards contained within those standards as adopted by all fifty states. No state can override those exemptions.

Google "FLSA" and read it. It's as clear as can be.

Steve's Comment - "Each state has their own laws on employee compensation, in case you didn't know."

My Response - That is correct, however, those differing state laws may well apply to other industries, but NOT to businesses specifically exempted by the FLSA.

Steve's Comment - "And, if vacation time, sick days, etc are disclosed at time of hire as part of the compensation package, that is by law part of the employee compensation and can be enforced by the Department of Labor."

As I stated previously, it is only enforceable if there is written policy that can be offered as proof that it is due and forthcoming upon termination. Vacation and sick pay is not part of one's wages or compensation. They are determined by law to be considered "benefits", and as such, are not required to be offered to any employee by any employer in any state of this great nation. The only entity that considers them "wages and compensation" is the IRS, and then...only if they are paid to the employee.

Links are hard to post on this site, so the best I can offer to you, is to google the issue or the question "Is vacation pay and sick pay earned income?", and you will be pointed to several state sites that will confirm what I know to be the fact of the matter in all states.

Steve's Comment - "You are dead wrong on most of your assertions."

My Response - I'm sorry that you are in disagreement with my points, but all can be verified by yourself, as I have done many times.

Steve's Comment - "And, in some cases you can quit a job and get unemployment compensation, and whether you are entitled to benefits or not does not stop you from filing, and initiating a claim. Nothing."

I've never stated that one could not file a claim. And because to do so would take this thing completely off-track, I will refrain from indulging you in an off-topic subject, but I will offer that there are very few instances where a person who voluntarily terminates their employment would even be considered for approval of unemployment compensation, and those instances would have to include the employee terminating if there were egregious violations of employment law in evidence and documented sufficiently.

Steve's Comment - "You really do not know what you are talking about."

I'm sorry that you feel that way, but the fact is that I don't write without knowing what I am writing, and how to back it up if challenged.

Steve's Final Comment - "Get some education."

My Response - No offense, but you might do well to take your own advice this time, and I graciously accept your apology that will not be forthcoming, in advance.

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#7 Consumer Suggestion

"Anthony" needs education here on what the law really is!

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

POSTED: Sunday, September 21, 2008

Anthony,

Are you telling me that you are an expert in all 50 states' labor laws?

Each state has their own laws on employee compensation, in case you didn't know.

And, if vacation time, sick days, etc are disclosed at time of hire as part of the compensation package, that is by law part of the employee compensation and can be enforced by the Department of Labor.

You are dead wrong on most of your assertions.

And, in some cases you can quit a job and get unemployment compensation, and whether you are entitled to benefits or not does not stop you from filing, and initiating a claim. Nothing.

You really do not know what you are talking about.

Get some education.

>>>
Submitted: 9/21/2008 12:20:46 AM
Modified: 9/21/2008 6:57:09 AM Anthony
Rossville, Georgia
U.S.A.

Steve...I know you are passionate about certain things...but...
I assure you, this guy was paid well over minimum wage while working for Averitt Express for every hour he worked. They pay their local drivers well, contrary to what he asserts.

I again repeat for your benefit that there is no provision under any law, act, or standard, that forces any company to pay any accrued and unpaid time, such as for vacation or sick days, unless the company addresses the issue in writing and it can be provided as evidence by the employee. Even then, it is strictly a civil matter that would have to be taken to court. No state agency can compel a former employer to cough up benefits to an employee, when they are provided solely by the employer, and/or when they voluntarily terminate.

If there is an absence of any written policy to address the issue, there is no possible recourse to obtain unpaid vacation or sick days, and no court will entertain such a claim.

If this person voluntarily terminated his employment, which is apparently the case, since he used the words 'I resigned', then he is not entitled to unemployment compensation under Tennessee law.

And lastly, since he did not offer that Averitt Express coerced him in any manner to violate the HOS rules or to operate unsafe equipment, I fail to see why you included that in your advice to him.

Averitt does in fact have an excellent record of safety regarding both equipment and driver OOS rates. That doesn't seem to be a factor in his dissatisfaction with the company.

>>>

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#6 Consumer Suggestion

"Anthony" needs education here on what the law really is!

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

POSTED: Sunday, September 21, 2008

Anthony,

Are you telling me that you are an expert in all 50 states' labor laws?

Each state has their own laws on employee compensation, in case you didn't know.

And, if vacation time, sick days, etc are disclosed at time of hire as part of the compensation package, that is by law part of the employee compensation and can be enforced by the Department of Labor.

You are dead wrong on most of your assertions.

And, in some cases you can quit a job and get unemployment compensation, and whether you are entitled to benefits or not does not stop you from filing, and initiating a claim. Nothing.

You really do not know what you are talking about.

Get some education.

>>>
Submitted: 9/21/2008 12:20:46 AM
Modified: 9/21/2008 6:57:09 AM Anthony
Rossville, Georgia
U.S.A.

Steve...I know you are passionate about certain things...but...
I assure you, this guy was paid well over minimum wage while working for Averitt Express for every hour he worked. They pay their local drivers well, contrary to what he asserts.

I again repeat for your benefit that there is no provision under any law, act, or standard, that forces any company to pay any accrued and unpaid time, such as for vacation or sick days, unless the company addresses the issue in writing and it can be provided as evidence by the employee. Even then, it is strictly a civil matter that would have to be taken to court. No state agency can compel a former employer to cough up benefits to an employee, when they are provided solely by the employer, and/or when they voluntarily terminate.

If there is an absence of any written policy to address the issue, there is no possible recourse to obtain unpaid vacation or sick days, and no court will entertain such a claim.

If this person voluntarily terminated his employment, which is apparently the case, since he used the words 'I resigned', then he is not entitled to unemployment compensation under Tennessee law.

And lastly, since he did not offer that Averitt Express coerced him in any manner to violate the HOS rules or to operate unsafe equipment, I fail to see why you included that in your advice to him.

Averitt does in fact have an excellent record of safety regarding both equipment and driver OOS rates. That doesn't seem to be a factor in his dissatisfaction with the company.

>>>

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#5 Consumer Suggestion

"Anthony" needs education here on what the law really is!

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

POSTED: Sunday, September 21, 2008

Anthony,

Are you telling me that you are an expert in all 50 states' labor laws?

Each state has their own laws on employee compensation, in case you didn't know.

And, if vacation time, sick days, etc are disclosed at time of hire as part of the compensation package, that is by law part of the employee compensation and can be enforced by the Department of Labor.

You are dead wrong on most of your assertions.

And, in some cases you can quit a job and get unemployment compensation, and whether you are entitled to benefits or not does not stop you from filing, and initiating a claim. Nothing.

You really do not know what you are talking about.

Get some education.

>>>
Submitted: 9/21/2008 12:20:46 AM
Modified: 9/21/2008 6:57:09 AM Anthony
Rossville, Georgia
U.S.A.

Steve...I know you are passionate about certain things...but...
I assure you, this guy was paid well over minimum wage while working for Averitt Express for every hour he worked. They pay their local drivers well, contrary to what he asserts.

I again repeat for your benefit that there is no provision under any law, act, or standard, that forces any company to pay any accrued and unpaid time, such as for vacation or sick days, unless the company addresses the issue in writing and it can be provided as evidence by the employee. Even then, it is strictly a civil matter that would have to be taken to court. No state agency can compel a former employer to cough up benefits to an employee, when they are provided solely by the employer, and/or when they voluntarily terminate.

If there is an absence of any written policy to address the issue, there is no possible recourse to obtain unpaid vacation or sick days, and no court will entertain such a claim.

If this person voluntarily terminated his employment, which is apparently the case, since he used the words 'I resigned', then he is not entitled to unemployment compensation under Tennessee law.

And lastly, since he did not offer that Averitt Express coerced him in any manner to violate the HOS rules or to operate unsafe equipment, I fail to see why you included that in your advice to him.

Averitt does in fact have an excellent record of safety regarding both equipment and driver OOS rates. That doesn't seem to be a factor in his dissatisfaction with the company.

>>>

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#4 Consumer Suggestion

"Anthony" needs education here on what the law really is!

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

POSTED: Sunday, September 21, 2008

Anthony,

Are you telling me that you are an expert in all 50 states' labor laws?

Each state has their own laws on employee compensation, in case you didn't know.

And, if vacation time, sick days, etc are disclosed at time of hire as part of the compensation package, that is by law part of the employee compensation and can be enforced by the Department of Labor.

You are dead wrong on most of your assertions.

And, in some cases you can quit a job and get unemployment compensation, and whether you are entitled to benefits or not does not stop you from filing, and initiating a claim. Nothing.

You really do not know what you are talking about.

Get some education.

>>>
Submitted: 9/21/2008 12:20:46 AM
Modified: 9/21/2008 6:57:09 AM Anthony
Rossville, Georgia
U.S.A.

Steve...I know you are passionate about certain things...but...
I assure you, this guy was paid well over minimum wage while working for Averitt Express for every hour he worked. They pay their local drivers well, contrary to what he asserts.

I again repeat for your benefit that there is no provision under any law, act, or standard, that forces any company to pay any accrued and unpaid time, such as for vacation or sick days, unless the company addresses the issue in writing and it can be provided as evidence by the employee. Even then, it is strictly a civil matter that would have to be taken to court. No state agency can compel a former employer to cough up benefits to an employee, when they are provided solely by the employer, and/or when they voluntarily terminate.

If there is an absence of any written policy to address the issue, there is no possible recourse to obtain unpaid vacation or sick days, and no court will entertain such a claim.

If this person voluntarily terminated his employment, which is apparently the case, since he used the words 'I resigned', then he is not entitled to unemployment compensation under Tennessee law.

And lastly, since he did not offer that Averitt Express coerced him in any manner to violate the HOS rules or to operate unsafe equipment, I fail to see why you included that in your advice to him.

Averitt does in fact have an excellent record of safety regarding both equipment and driver OOS rates. That doesn't seem to be a factor in his dissatisfaction with the company.

>>>

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#3 Consumer Comment

Steve...I know you are passionate about certain things...but...

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

POSTED: Sunday, September 21, 2008

I assure you, this guy was paid well over minimum wage while working for Averitt Express for every hour he worked. They pay their local drivers well, contrary to what he asserts.

I again repeat for your benefit that there is no provision under any law, act, or standard, that forces any company to pay any accrued and unpaid time, such as for vacation or sick days, unless the company addresses the issue in writing and it can be provided as evidence by the employee. Even then, it is strictly a civil matter that would have to be taken to court. No state agency can compel a former employer to cough up benefits to an employee, when they are provided solely by the employer, and/or when they voluntarily terminate.

If there is an absence of any written policy to address the issue, there is no possible recourse to obtain unpaid vacation or sick days, and no court will entertain such a claim.

If this person voluntarily terminated his employment, which is apparently the case, since he used the words "I resigned", then he is not entitled to unemployment compensation under Tennessee law.

And lastly, since he did not offer that Averitt Express coerced him in any manner to violate the HOS rules or to operate unsafe equipment, I fail to see why you included that in your advice to him.

Averitt does in fact have an excellent record of safety regarding both equipment and driver OOS rates. That doesn't seem to be a factor in his dissatisfaction with the company.

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#2 Consumer Suggestion

File a wage claim with your State DOL, wage and hour division or similar office, and USDOL.

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

POSTED: Saturday, September 20, 2008

As long as you are an employee, you are entitled to no less than minimum wage for all hours worked.

This is because FEDERAL LAW requires it.

If they claim the interstate commerce thing, then federal labor law applies.

File that wage claim for all hours worked in which you did not earn at least minimum wage.

Also file for your unpaid vacation time. That is earned income and part of your agreed upon compensation package. It does not just vanish when you are terminated.

AND, be sure to file an unemployment claim just so they get another claim filed to base their rates on. UC insurance rates are based on number of claims, among other factors.

Also be sure to file FMCSA complaints for any wrongdoings such as dispatching you outside legal HOS or coercing you in any way to falsify logs or run substandard equipment.

Have fun with these morons.

We don't need any more lowlife trucking companies out there.

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#1 Consumer Comment

I'm Neither A "Red-Neck" Nor Am I An Employee...

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

POSTED: Friday, September 19, 2008

...but much of your complaint is unfounded.

First of all, because they are a motor carrier engaged in interstate commerce, they are exempted under the provisions of the Fair Labor Standard Act (FLSA), from having to pay overtime wages to any employee they have. You can look it up.

As to your vacation time that you have coming, unless you were given anything in writing that states otherwise, all employer provided benefits usually end on the day you terminate. The wiser course of action would have been for you to request and receive your vacation pay or to have taken the time off with pay, prior to your termination.

The company I work for specifically states in writing in their policy manual that I will receive all outstanding compensation for accrued days of paid off-time coming to me if my employment were to ever end, regardless of reason for termination. However, that's not the case with most companies. An absence of any specific language or policy to address the issue of accrued pay for vacation or other days off the job, leaves a company to do as they wish with such pay if an employee suddenly terminates.

I don't know what they pay for orientation, but I would tend to agree that $50.00 is not great at all, but then there are plenty of companies that pay nothing at all for orientation these days.

As to the rest of your assessment of the company, I will only offer that Averitt Express has a very decent reputation on the streets, with only a handful of complaints that can be read here or elsewhere.

I personally have a friend who works a dedicated run out Averitt's Knoxville, Tennessee terminal, and who has been with them for around ten years. He wouldn't work anywhere else.

They run a very safety oriented company and contrary to your claim, offer aboveboard wages and benefits. They are picky about who they hire, and people they do hire tend to stay on with them for years at a time.

There is no company out there that can satisfy everyone.

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