Hello to All Involved:
This is my statement:
I am writing to let all concern know what has occurred as to promises made and not kept. I started working as a lease driver for Prime in March of 2012. And after my first pay check, I went a number of pay periods without any pay. So I spoke to Steve xxxx, and he convicted me to "Keep going, things will get better". I also had Steve look at my utilization, and it showed a low utilization of the truck. Steve then asked my fleet manager Buddy xxxx to help get the utilization/revenue up. I then waited another three pay periods, with no change, and I called Stan xxxx, and requested for a new fleet manager, and I denied this. I also asked to run within the Midwest, and was also denied this. I waited another two weeks no change, I called, spoke to Stan, and he finally approved a fleet manager change, to Jeff xxxx. I inquired from Jeff how busy he could keep me; he said “I usually do not do this, but I will guarantee you a pay check" Running under Jeff was very difficult. He called me a number of times, lecturing me on things like "sending too many messages" and "I have no clue about driving" and even having him calling my wife a "Whatever" making her very unimportant. Under Jeff, I make only pay check, and his guarantee was not worth much, and this is a no-no, shame on you Jeff. Having Jeff as my fleet manager, I requested to start being a trainer, and I was denied. I also tried to get my wife Mary hired by Prime and was also denied. I informed my Fleet Managers (Buddy xxxx, Jeff xxxx) that the truck was having fuel issues, and I was told "it not the truck, it’s you" and when I did supposedly refused a load, Jeff messaged me and gave me a real hard time, saying "you don't refused any loads" and when I question this, I was called a liar I needed a load estimated to save my apartment. I asked Jeff for this help, and that I would be homeless without his help. Jeff said NO, so I called Kathleen my payroll person, she said, it would be possible, with a supervisor approval. I then messaged Jeff again on this new information; Jeff called me and said, "NO means NO, you have no idea of the driving industry. I should make you drive back to Springfield" Currently, I did lose my apartment, had to ask my son to live with friends, and I have less 200 dollars to my name. When I started with Prime, I had 4000 dollars, a home and a happy life. Now I know how it feels to be homeless, with an uncertain future. When I arrived at prime, I cleaned out the truck, washed it, and wiped down the inside. I went in to operations, and signed and lease cancellation sheet. I also asked ask one a night stay, and was denied. So Prime did not help with anything related to getting me home, and made my last day very difficult. This was wrong. Lastly, I did try to contact Robert xxxx direct by phone and email, just to have these communications intercepted and never hearing from the President of Prime. I want to sue either my fleet manager, prime or both. I do have some additonal evidence to go along with my statement(s). Will this be possible, as I did not recieve a last pay check either, and I have 200 dollars to my name? Here is who I contacted: Steve xxxx-Reefer Operations stan xxxx-Reefer operations Jeff xxxx-My Fleet Manager Buddy xxxx-First Fleet Manager Mike-Tractor Shop Forman Robert xxxx-Owner, but never recieved a response
Resolution: I want to sue this company and this fleet manager for these issues. I have some additional evidence
NOTE: THE LAWYER TO ANSWER THIS QUESTION(S) NEEDS TO KNOW BOTH WASHINGTON STATE AND MISSOURI LAW
Country relating to Question: United States
State (if USA): Missouri
Callling and emailing Robert lowe-Owner of Prime Inc
Calling and speaking to Stan Allman about wage and truck issues, also including fleet manager issues
Calling and speaking to Steve larson about wage and truck issues, also including fleet manager issues
Spoke to and lecture at by XXXX XXXXXX, last Fleet manager
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What information do you need, as I thought I was fairly clear in what the issue was. I feel that I was taken by this company, and I am looking for justice and money for my pain and suffering. This company did ask me to violated the rules and I want them to know they are not above the law, please advise
Relist: Other.have not recieved an answer and its been quite a long time...please advise..
Welcome! Thank you for your question.I am an expert on this site. Please know that while we are licensed attorneys that we are not licensed in Washington or Missouri. We are not able to represent you but can give you some guidance on your options moving forward. If you would like me to still try and answer your question please reply and let me know the following:Where is the main office that you dealt with Jeff and the office staff, Missouri?Did you have a written contract to provide them services?If so does the contract say anything about the amount of driving they have to supply you or their ability to lay you off?
1) Office: I dealt with Jeff directly, and when that failed, I would have to speak to either Steve larson or Stan Allman. The office location is in springfield, mo
2) Written contract: there is a lease, and based on availablility, is how much you run.
3) Under the lease, they do not need to lay you off, they can just cut your loads and miles until you starve. They do not lay anyone off, just starve them instead..
I had a lease through sucess leasing, that is owned by Prime Inc. The way this works is that you lease the truck, and they supply the trailer and loads. They do not allow you to seek out your own loads, as the authority is through them. I pay for all permits, and maintence. It is an understanding that if you are available for work, the loads should be available for you.
They are required to keep the trucks utilization up, not down, and mine had been low, and low miles, I did speak to Steve larson, Stan Allman
and they spoke to my fleet managers about this, but the utlization did not improve, and I suffered...
Unfortunately I have to be honest with you. The reason no expert has really replied is the news is bad. Missouri, like most states is an employment at will state. Unless you have a contract where they agree to give you a certain amount of work and they breach that contract then you have no rights that would require them to provide you work. The only recognized actions in MO for unlawful termination of employment are for discrimination based on race, color, age, national origin, religion, ancestry, sex, or physical/mental disability.I wish I had better news for you. If you can find provisions of your contract that they breached (did not meet) then you can sue them for breaching those provisions. You will likely need a civil litigation attorney to file suit on your behalf. If you have a strong enough claim for breach then they may take it on as a percentage contingency basis.
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