Contracts

Brett, I think Tazzy's situation might be different. It depends on Swift's contract.

Well I'll say this......Swift is not a bank and they didn't intend to act as a bank. They need drivers, not people to loan money to. So I'm 100% certain that Swift intended for Tazzy to drive for them but that doesn't necessarily mean they'll pursue this matter in court, nor does it mean that PTL will avoid hiring Tazzy for fear of retribution. That's why I'm curious as to how this is working out. If Tazzy was let go we need to know so we can inform others.

I assume once the owed amount is paid, the contract would be complete.

Yes indeed. Here's what it stipulates:

If an employee left CRST within the first year, they would be required to reimburse CRST $3,600 in training expenses. Conversely, if CRST terminated an employee within the first year without cause, CRST would release the employee from their obligation to reimburse CRST for the training expenses.

Now what's interesting is the "terminating without cause" portion of that statement. If CRST fires a driver for good reason does the driver still owe CRST the tuition? I'm not sure.

I agree that none of these companies are banks. You commit to going to their school, you might as well commit to completing your year with them as well. I personally wouldn't want to train, switch, mess up, and be a leper to the trucking industry after that. You research, commit, complete. Then again, I can put up with a lot of BS and have a world of patience, maybe able to put up with too much BS. I can see how someone would want to quit the minute waters start to look rough when, look over at these other calm sparkling clear waters. But, all grass is different shades of green and all water eventually becomes calm again if you ride it out.

Generally, if "terminated with cause" an employee must complete any financial obligations unless forgiven these obligations by the company. This applies to most companies so I doubt trucking is different.

I got out my Swift Enrollment Contract, Driving Academy and looked for what happens if you quit Swift before you pay the loan off.

It is true, the loan is between you and Swift (not a finance company):

2. PROGRAM COSTS
The Program costs ... are due and payable to Swift pursuant to the provisions set forth... (I'm not going to type this whole thing out!)

The Swift Annual percentage Rate is 0% for the whole loan.

Here's how you get your certificate:

1. CERTAIN PROGRAM DETAILS
(g) Completion Certificate: Upon successful completion of the Program as determined in Swift's ole discretion, Student will receive a certificate or diploma evidencing Student's completion of the Program and qualifying Student to take the commercial driver's license test for the state in which Student resides. Job placement is not guaranteed to Student upon completion of the Program.

Here's the one restriction I found (Here's how you get your certificate in your hand):

16. CREDIT AND EMPLOYMENT HISTORY; PROGRAM RECORD
(Stuff about credit and employment history) Except for the dates of Student's enrollment and completion, Swift shall not release to any third party any information related to Student's record or performance in the program prior to the date of Student's payment to Swift of all Program Costs.

I don't see any non-compete or employment restriction in the contract. But it seems that Swift won't tell anyone a Student passed the course until the Student pays it off. I think for Tazzy that means he can get another driving job, but there's no written proof he took a driving course until he pays off Swift.

Hey listen im very grateful for all the feedback an apologize for coming across as bad mouthing SWIFT as that really wasn't my intent. I was really just slightly expressing my frustration with the situation that I put myself in, however this is something that was discussed with my recruiter PRIOR to me going to orientation and i just felt alot of time and money could have been saved had I known. True its my fault, i shouldve known what i was signing when i went through the refresher at CRST. I made MY bed and I will lie in it. Until then i wanna thank everyone who responded as it seems this topic enlightened MYSELF as well as OTHERS. This is a GREAT SITE that i appreciate and will continue to use. Once again my apologies to both SWIFT and CRST and anyone who drives for them. I LOVE this site and thats the Truckin Truth!

Hey listen im very grateful for all the feedback an apologize for coming across as bad mouthing SWIFT as that really wasn't my intent. I was really just slightly expressing my frustration with the situation that I put myself in, however this is something that was discussed with my recruiter PRIOR to me going to orientation and i just felt alot of time and money could have been saved had I known. True its my fault, i shouldve known what i was signing when i went through the refresher at CRST. I made MY bed and I will lie in it. Until then i wanna thank everyone who responded as it seems this topic enlightened MYSELF as well as OTHERS. This is a GREAT SITE that i appreciate and will continue to use. Once again my apologies to both SWIFT and CRST and anyone who drives for them. I LOVE this site and thats the Truckin Truth!

Now i can Explain to the Wife!

if one is considered "under contract" with a company is it true that no other company can hire you?

This is something i found and would like to share with my "critics" who chimed in on my post. Now what what you saying about Swift?

I was sent home from an orientation with Swift on the second day and was told I was under contract with another company (crst) from 2012! I was thinking what does that have to do with anything. Then I was told that I was basically "owned" by crst due to this unfulfilled contract and that that crst wouldn't release me. Made no sense so instead of push the issue, I just left. Wouldn't wanna be part of a company that operates like that anyway. And I use to wonder why Swift gets a bad rap. Now I see.

Seriously Terence - shame on you for acting like you've done nothing wrong and Swift is the bad guy. You signed a contract with CRST, you broke the contract, and years later you still haven't repaid your debts. Now you're going around bad-mouthing Swift for being a bad company????? Well I'm bad-mouthing you for clogging up our forum with your misinformation, failing to fulfill your obligations, and failing to take responsibility for causing these companies so much grief. And you're lucky Swift doesn't come after you to reimburse them for the cost of recruiting, transporting, and housing you.

Folks, this is why you don't waste your time scouring the web looking for "reviews" of trucking companies by people in forums and you never listen to just one side of a story.

Geesh!

Is a Non-Compete Agreement Legal?

In a few states, they are generally not legal. For example, in California, a non-compete agreement is enforceable only if someone sells a business and agrees not to compete with the new owner. That aside, California employers cannot restrict the livelihood of their current or former employees.

http://www.californialaborlawattorney.com/non-competition-clauses.htm

Is a Non-Compete Agreement Legal?

Well I'm definitely not a lawyer. But I'll say this - if your plan is to bail out on a contract and then hope that legally no one can prevent you from continuing on as if you did nothing wrong, then that's a lousy plan. I would think you might consider returning to CRST if they'll allow you to, or paying them off if they won't. Then again a third option might be to find a company that doesn't care about any of that and will hire you anyways.

But to play the legal card is kinda weak, don't ya think? I mean, you're bashing your 'critics' here at TruckingTruth, you're bashing Swift, and you're looking for a legal angle against CRST when in fact you're the only one here who wronged anyone else by breaking a contract and not paying it back. You'll hear people say that those who point their finger the most are most often the ones to blame. This is exactly what you're doing. You haven't taken one ounce of responsibility in this situation for things going wrong and yet you're the only one who should.

Is a Non-Compete Agreement Legal?

Well I'm definitely not a lawyer. But I'll say this - if your plan is to bail out on a contract and then hope that legally no one can prevent you from continuing on as if you did nothing wrong, then that's a lousy plan. I would think you might consider returning to CRST if they'll allow you to, or paying them off if they won't. Then again a third option might be to find a company that doesn't care about any of that and will hire you anyways.

But to play the legal card is kinda weak, don't ya think? I mean, you're bashing your 'critics' here at TruckingTruth, you're bashing Swift, and you're looking for a legal angle against CRST when in fact you're the only one here who wronged anyone else by breaking a contract and not paying it back. You'll hear people say that those who point their finger the most are most often the ones to blame. This is exactly what you're doing. You haven't taken one ounce of responsibility in this situation for things going wrong and yet you're the only one who should.

I am constantly teaching my kids 2 of the most important things they need to learn in life, Accountability and Responsibility. Sadly many people never learn.

I want to help people's understanding about CRST true they will sue only if you are under contract with them! If you went through a sponsored school through them at that time you are under contract with that private school $3200 and 158 a month payment you will have to pay school back! As for CRST if you went to they 4 day orientation it's a pre hire to see would you get the job but do note if you didn't sign that contract CRST orientation package you are not under contract it's between you and the school but do realize that school have you under their contract and they will not verify that you went to school there are sending transcript because remember you owed the school so that's why CRST say they will pick up the tap because you sign contract with them for 10 months and you have a employment ID number that's all the school want so they can get paid $3200 for school the loan government loan and Crst pay them$7000 reimburse add it up ! I know because I tried to set payment plan with school and I call CRST they do not have me in they system because I never sign CRST orientation package....