Legally Bound By CRST

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Jonathan S.'s Comment
member avatar

I read over several articles on here before and after I registered but cannot find anything close to what I am dealing with; I signed with CRST Van Expedited back in March but was enlisted in the National Guard prior to my CDL training with them and two months in a row they violated my rights under the Uniformed Services Employment and ReEmployment Act of 1994 by refusing to allow me to leave for my monthly drill, I saved coorespondence my taking pictures of the Qualcomm in my truck and the second month my wages were garnished, I have done everything through the military and thought I would be covered but I still show to be under contract and cannot find employment does anyone here have any suggestions on what I should do? Today I am going to the Tennessee department of labor to see if they have any answers but from my experience the government isn't quick to help anyone

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Qualcomm:

Omnitracs (a.k.a. Qualcomm) is a satellite-based messaging system with built-in GPS capabilities built by Qualcomm. It has a small computer screen and keyboard and is tied into the truck’s computer. It allows trucking companies to track where the driver is at, monitor the truck, and send and receive messages with the driver – similar to email.
Charlie Mac's Comment
member avatar

If possible hire an attorney or talk to your CO & maybe he can advise you.

Old School's Comment
member avatar
does anyone here have any suggestions on what I should do?

Jonathan, welcome to the forum!

Okay man, let me say a few things, and bear with me - some of it you are not going to like, but I can assure you it is sound advice that will get you moving forward.

I know you already have got a bad (probably really bad) taste in your mouth concerning CRST. You came into trucking, just like any other newbie, having your unrealistic expectations crushed before you because things did not go the way you thought they should. I want to sincerely thank you for your service, but have to tell you that being in the guard, and being an over the road team driver is a terrible formula for success - that is your fault, not CRST's. It can be done, but it is fraught with difficulties. As an experienced driver, I'm going to venture an educated guess that you probably did not follow the necessary procedures to schedule your drill time with dispatch. It is really hard for a new driver to understand all the consequences of not getting things communicated on the Qualcomm properly and far enough in advance for dispatch to get something like what you are needing done properly.

There are really only two ways for you to move forward when you have violated a contract. And let's be clear about this - you violated the contract when you quit working for them. I know what you think about them violating your "rights under the Uniformed Services Employment and ReEmployment Act of 1994", but what really happened here is that you walked out on a contract because you did not like the way they were handling their end of things. I can assure you that there was nothing in that contract about them honoring your drill time needs.

Okay here's the two ways you can move forward and find other employment:

Number one: Write a check to CRST for the balance you agreed to in the contract - you signed it, and that was your promise to pay or play.

Number two: Get on the phone with CRST, be polite, humble, and sincere - explain to them why you left, and see if they can help you understand how to be able to get your drill times off after you come back to work. Then when you think you understand the proper procedure, ask them to please allow you to come back and keep your word that you gave them in that contract. My friend it is that simple.

You can make it difficult, which is the path that you are going down now, or you can take my advice and simplify this thing and get it behind you. All of my military friends are the kind of guys who are goal oriented - they believe in getting things done, and they are focused about it - I love that characteristic in them. Focus your efforts on doing your part, and not on forcing CRST to do something that you "think" they should be doing. You will save yourself a lot of grief, you will move your career forward, and you will be working and making money instead of beating your head against an unforgiving wall of rejection in the truck driving field.

Over The Road:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

Qualcomm:

Omnitracs (a.k.a. Qualcomm) is a satellite-based messaging system with built-in GPS capabilities built by Qualcomm. It has a small computer screen and keyboard and is tied into the truck’s computer. It allows trucking companies to track where the driver is at, monitor the truck, and send and receive messages with the driver – similar to email.
Last Shadow's Comment
member avatar

Jonathan, I am a Florida NG and a Shaffer driver, I would like to also thank you for your courage to join the NG, with that said I did 12 years of active service and finishing off with NG time to complete my contract with the military, one thing that I want to ask did you inform CRST of your decision to join the NG, because it takes 3 months of basic training so did they not ask you where you were for 3 months and if you had a contract with CRST first than the NG can't help you now, you are trying to get out of one contract by using the other one, that's not the way we do things in the military or in the trucking industry, you have to talk to CRST because they have the legal side on this one, good luck,...out

double-quotes-start.png

does anyone here have any suggestions on what I should do?

double-quotes-end.png

Jonathan, welcome to the forum!

Okay man, let me say a few things, and bear with me - some of it you are not going to like, but I can assure you it is sound advice that will get you moving forward.

I know you already have got a bad (probably really bad) taste in your mouth concerning CRST. You came into trucking, just like any other newbie, having your unrealistic expectations crushed before you because things did not go the way you thought they should. I want to sincerely thank you for your service, but have to tell you that being in the guard, and being an over the road team driver is a terrible formula for success - that is your fault, not CRST's. It can be done, but it is fraught with difficulties. As an experienced driver, I'm going to venture an educated guess that you probably did not follow the necessary procedures to schedule your drill time with dispatch. It is really hard for a new driver to understand all the consequences of not getting things communicated on the Qualcomm properly and far enough in advance for dispatch to get something like what you are needing done properly.

There are really only two ways for you to move forward when you have violated a contract. And let's be clear about this - you violated the contract when you quit working for them. I know what you think about them violating your "rights under the Uniformed Services Employment and ReEmployment Act of 1994", but what really happened here is that you walked out on a contract because you did not like the way they were handling their end of things. I can assure you that there was nothing in that contract about them honoring your drill time needs.

Okay here's the two ways you can move forward and find other employment:

Number one: Write a check to CRST for the balance you agreed to in the contract - you signed it, and that was your promise to pay or play.

Number two: Get on the phone with CRST, be polite, humble, and sincere - explain to them why you left, and see if they can help you understand how to be able to get your drill times off after you come back to work. Then when you think you understand the proper procedure, ask them to please allow you to come back and keep your word that you gave them in that contract. My friend it is that simple.

You can make it difficult, which is the path that you are going down now, or you can take my advice and simplify this thing and get it behind you. All of my military friends are the kind of guys who are goal oriented - they believe in getting things done, and they are focused about it - I love that characteristic in them. Focus your efforts on doing your part, and not on forcing CRST to do something that you "think" they should be doing. You will save yourself a lot of grief, you will move your career forward, and you will be working and making money instead of beating your head against an unforgiving wall of rejection in the truck driving field.

Over The Road:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

Qualcomm:

Omnitracs (a.k.a. Qualcomm) is a satellite-based messaging system with built-in GPS capabilities built by Qualcomm. It has a small computer screen and keyboard and is tied into the truck’s computer. It allows trucking companies to track where the driver is at, monitor the truck, and send and receive messages with the driver – similar to email.
OldRookie's Comment
member avatar

... was enlisted in the National Guard prior to my CDL training with them and two months in a row they violated my rights under the Uniformed Services Employment and ReEmployment Act of 1994 by refusing to allow me to leave for my monthly drill, I saved coorespondence my taking pictures of the Qualcomm in my truck ...

According to the original post... I think he has indicated that 1) he was already in the NG before he entered into the contract with CRST and 2) he communicated properly (and has documentation of that communication) re his required duty time to the NG.

If that's the case... i.e. if CRST knew he was in the NG before the contract was signed and he followed proper procedures re the scheduling of his time-off relating to his NG service... then, it seems to me, the onus may very well be on CRST to justify their position/actions a bit more precisely.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Qualcomm:

Omnitracs (a.k.a. Qualcomm) is a satellite-based messaging system with built-in GPS capabilities built by Qualcomm. It has a small computer screen and keyboard and is tied into the truck’s computer. It allows trucking companies to track where the driver is at, monitor the truck, and send and receive messages with the driver – similar to email.
Last Shadow's Comment
member avatar

Jonathan, I did not understood the part of you being in the NG before you acquiring the CDL , in that case if you provided your NG mandatory drill schelude to CRST and they took you in, than you have nothing to worried about, is on them now to honor your prior commitment to the NG, sorry for the harsh advise above, ....out

double-quotes-start.png

... was enlisted in the National Guard prior to my CDL training with them and two months in a row they violated my rights under the Uniformed Services Employment and ReEmployment Act of 1994 by refusing to allow me to leave for my monthly drill, I saved coorespondence my taking pictures of the Qualcomm in my truck ...

double-quotes-end.png

According to the original post... I think he has indicated that 1) he was already in the NG before he entered into the contract with CRST and 2) he communicated properly (and has documentation of that communication) re his required duty time to the NG.

If that's the case... i.e. if CRST knew he was in the NG before the contract was signed and he followed proper procedures re the scheduling of his time-off relating to his NG service... then, it seems to me, the onus may very well be on CRST to justify their position/actions a bit more precisely.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Qualcomm:

Omnitracs (a.k.a. Qualcomm) is a satellite-based messaging system with built-in GPS capabilities built by Qualcomm. It has a small computer screen and keyboard and is tied into the truck’s computer. It allows trucking companies to track where the driver is at, monitor the truck, and send and receive messages with the driver – similar to email.
K.D.'s Comment
member avatar

double-quotes-start.png

... was enlisted in the National Guard prior to my CDL training with them and two months in a row they violated my rights under the Uniformed Services Employment and ReEmployment Act of 1994 by refusing to allow me to leave for my monthly drill, I saved coorespondence my taking pictures of the Qualcomm in my truck ...

double-quotes-end.png

According to the original post... I think he has indicated that 1) he was already in the NG before he entered into the contract with CRST and 2) he communicated properly (and has documentation of that communication) re his required duty time to the NG.

If that's the case... i.e. if CRST knew he was in the NG before the contract was signed and he followed proper procedures re the scheduling of his time-off relating to his NG service... then, it seems to me, the onus may very well be on CRST to justify their position/actions a bit more precisely.

this is how I saw it, too. it seems that old school and the other moderators automatically assume a driver at odds with one of these mega trucking companies over some issue must be in the wrong. no wonder the op bailed on his thread.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Qualcomm:

Omnitracs (a.k.a. Qualcomm) is a satellite-based messaging system with built-in GPS capabilities built by Qualcomm. It has a small computer screen and keyboard and is tied into the truck’s computer. It allows trucking companies to track where the driver is at, monitor the truck, and send and receive messages with the driver – similar to email.
Old School's Comment
member avatar

K.D., glad you jumped in here, sorry you can't recognize a truth when it is right in front of you though - especially since you put on your Bio here at Trucking Truth that you are a "Truth Seeker."

Here's the truth, and it is just what I was trying to point out, not only for Johnathan, but also for "Truth Seekers" like yourself. That truth that I was pointing out is that 99% of rookie drivers do not understand how to communicate their needs and requirements with dispatch properly so that they can make their critical home time events happen.

it seems that old school and the other moderators automatically assume a driver at odds with one of these mega trucking companies over some issue must be in the wrong.

There is no such assumption, but there is the high likelihood that they are just experiencing the regular old learning curve that all new drivers go through until they can figure out how to function in this job which is overwhelmingly different from any thing they have ever done before. It is difficult to get started at this, and it is unfortunately real easy to fall into the crowd that just blames everything on the "mega carriers." Do you see how you have already fallen prey to that misinformation that you have exposed yourself to - and you, according to your information here, are still just preparing for school. You don't even have experience at any of these "mega carriers" as you call them, and I understand that you somehow consider that as a derogatory title for them. It's funny how these "mega carriers" are the only guys willing to help a person get started in this rewarding career, but all the super "arm chair" truckers want to run their mouths about them.

Johnathan asked for some ideas. I gave him a clear path to resolve his issues. If he bailed, as you say, he bailed because he didn't want to do the right thing. He bailed because he would rather stay in a slump and enjoy the camaraderie of a bunch of losers who comfort themselves by jumping on the bandwagon of how sorry the "mega carriers" are. I gave him the truth, and yet you, a "truth seeker" reject it also. I've personally worked for one of the "mega carriers" who is considered the worst offender by just about any of the common internet truck driver moan and groan web sites. I have proven with my experiences the fallacy of all this online B.S. Nobody tried to starve me, nobody tried to treat me like a slave, and I got home when I needed to while running my truck in a fashion that brought me accolades as a top producer in a company with close to 5,000 drivers in it at the time. If you believed all the internet hype, most of those drivers at that company were miserable slaves who were only biding their time there until they could get enough experience to move on to a real job.

I want to help people move forward in this career, therefore I will give them the hard facts. They can do with them what they want, but anybody who will take a minute and listen to what I have to say can succeed. I could be wrong about what I assumed with Johnathan, but if I was I would think he would have no issue with jumping right back in here and letting me know that he had done everything properly, and maybe even provide some information for us so that we know better how to direct him. Did they have his "Guard" schedule? Did he provide messages on the Qualcomm approximately three weeks ahead of schedule, and then follow up with reminders or requests to confirm his needed days off? Only he knows these things, and he certainly didn't fill us in with any of the needed information, which kind makes me assume that he didn't give his dispatcher what he needed to make this happen.

I'm going to reiterate something about being in the guard, and being a team driver. That is a recipe for difficulty. Team drivers have got to coordinate their home time together. When one member of the team can't be flexible it puts the other member in an unfortunate position. I'm proud of Johnathan for his service to our great country, but he really should have put all his needs into consideration when he started this career. He started with a company that runs teams almost exclusively, knowing that he needed regularly scheduled time off for his drill times. He would have served himself much better by not jumping into a contract that was going to be fraught with difficulties, making it hard for him to keep his end of the bargain.

Qualcomm:

Omnitracs (a.k.a. Qualcomm) is a satellite-based messaging system with built-in GPS capabilities built by Qualcomm. It has a small computer screen and keyboard and is tied into the truck’s computer. It allows trucking companies to track where the driver is at, monitor the truck, and send and receive messages with the driver – similar to email.

Dispatcher:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

K.D.'s Comment
member avatar

K.D., glad you jumped in here, sorry you can't recognize a truth when it is right in front of you though - especially since you put on your Bio here at Trucking Truth that you are a "Truth Seeker."

Here's the truth, and it is just what I was trying to point out, not only for Johnathan, but also for "Truth Seekers" like yourself. That truth that I was pointing out is that 99% of rookie drivers do not understand how to communicate their needs and requirements with dispatch properly so that they can make their critical home time events happen.

double-quotes-start.png

it seems that old school and the other moderators automatically assume a driver at odds with one of these mega trucking companies over some issue must be in the wrong.

double-quotes-end.png

There is no such assumption, but there is the high likelihood that they are just experiencing the regular old learning curve that all new drivers go through until they can figure out how to function in this job which is overwhelmingly different from any thing they have ever done before. It is difficult to get started at this, and it is unfortunately real easy to fall into the crowd that just blames everything on the "mega carriers." Do you see how you have already fallen prey to that misinformation that you have exposed yourself to - and you, according to your information here, are still just preparing for school. You don't even have experience at any of these "mega carriers" as you call them, and I understand that you somehow consider that as a derogatory title for them. It's funny how these "mega carriers" are the only guys willing to help a person get started in this rewarding career, but all the super "arm chair" truckers want to run their mouths about them.

Johnathan asked for some ideas. I gave him a clear path to resolve his issues. If he bailed, as you say, he bailed because he didn't want to do the right thing. He bailed because he would rather stay in a slump and enjoy the camaraderie of a bunch of losers who comfort themselves by jumping on the bandwagon of how sorry the "mega carriers" are. I gave him the truth, and yet you, a "truth seeker" reject it also. I've personally worked for one of the "mega carriers" who is considered the worst offender by just about any of the common internet truck driver moan and groan web sites. I have proven with my experiences the fallacy of all this online B.S. Nobody tried to starve me, nobody tried to treat me like a slave, and I got home when I needed to while running my truck in a fashion that brought me accolades as a top producer in a company with close to 5,000 drivers in it at the time. If you believed all the internet hype, most of those drivers at that company were miserable slaves who were only biding their time there until they could get enough experience to move on to a real job.

I want to help people move forward in this career, therefore I will give them the hard facts. They can do with them what they want, but anybody who will take a minute and listen to what I have to say can succeed. I could be wrong about what I assumed with Johnathan, but if I was I would think he would have no issue with jumping right back in here and letting me know that he had done everything properly, and maybe even provide some information for us so that we know better how to direct him. Did they have his "Guard" schedule? Did he provide messages on the Qualcomm approximately three weeks ahead of schedule, and then follow up with reminders or requests to confirm his needed days off? Only he knows these things, and he certainly didn't fill us in with any of the needed information, which kind makes me assume that he didn't give his dispatcher what he needed to make this happen.

I'm going to reiterate something about being in the guard, and being a team driver. That is a recipe for difficulty. Team drivers have got to coordinate their home time together. When one member of the team can't be flexible it puts the other member in an unfortunate position. I'm proud of Johnathan for his service to our great country, but he really should have put all his needs into consideration when he started this career. He started with a company that runs teams almost exclusively, knowing that he needed regularly scheduled time off for his drill times. He would have served himself much better by not jumping into a contract that was going to be fraught with difficulties, making it hard for him to keep his end of the bargain.

To clarify, I am actually an experienced driver, with just about two years in. The first year I did with one of the megas, so, had I said anything about them, I would have been speaking from experience. I didn't really take the bio seriously, except for the truth seeker part.

What I said and what you just admitted is that you made assumptions that contradict what the op said. You assumed that he wasn't telling the truth substantially. Who knows? Maybe he isn't. I just find it strange that you and the other moderators always seem to do this. Your "truth" seems to be very company centric.

Qualcomm:

Omnitracs (a.k.a. Qualcomm) is a satellite-based messaging system with built-in GPS capabilities built by Qualcomm. It has a small computer screen and keyboard and is tied into the truck’s computer. It allows trucking companies to track where the driver is at, monitor the truck, and send and receive messages with the driver – similar to email.

Dispatcher:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

Old School's Comment
member avatar
You assumed that he wasn't telling the truth substantially.

Not at all.

What he did is leave out a lot of important facts - usually there is a reason why people do that. "Facts are stubborn things" -John Adams

I just find it strange that you and the other moderators always seem to do this. Your "truth" seems to be very company centric.

Okay, I'm glad you are serious about the truth seeker statement, because the truth is that this job is completely performance based. That means that the onus is on the driver to succeed. It simply is not the company's responsibility to hold your hand until you can get a grip on this career. You may not like that or understand it, just as thousands of others don't. We want to help people succeed, and the truth about this career being performance based is key. It is set up this way for a reason. It takes a special type of person to be a successful truck driver, and those types will usually start showing themselves pretty quickly when you put them out there and let them demonstrate what they are made of. It is so much like a try-out for an athletic team - the ones who just aren't showing the ability to get it done under duress and score some points when being pressed are not going to be able to stay on the team. That is precisely why we want you to understand how important it is to not focus on the company, but focus on what you do as a driver. You call that "company centric," but it is actually focused on the driver's performance - not the company's.

These are some very successful companies, they have survived an extremely competitive business - they know what they are doing. What you and a host of others want to propose is that these totally green horn rookies seem to know more about being a successful truck driver than these seasoned professionals. It's all topsy turvy they way you guys look at this stuff, and then when we try to help you focus on the path to success you guys act like we are pimps for the trucking companies!

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

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