[mikey4069]

While you wait on swift maybe you can get foodstamps so you can eat .

[Bumper]

Stand on the corner with a sign "Will Train for Food"

[mikey4069]

I might try that myself . :lol: :lol:

[dle]

He probably wont hear about food stamps until after he gets on the truck with the trainer.

Kind of hard to believe that swift doesnt have any available trainers. Maybe i'm also to naive about it.

Maybe another question to ask the coordinator is, is this wait because of where you are.

[wepwawet]

I was told the wait was due to the time of year. with mentors taking the holidays off and picking up new students but with the amount of students coming thru/had to wait for orient. till after the new yr has swamped the system.

As for the contract its just a str8 loan if you make the $300 a month note they dont care what company you work for. Its not the old contracts that you work for swift for xx months and you dont owe anything but rather its this is your loan Swift will give you 150 a month and your cover the other half after 13 months your loan is payed but they cont. to give you 150 for another 13 months till they reimburse you the whole amount.

TA gives the same reimbursement so I dont see me losing anything by a change but gaining quite a lot in return.

Foodstamps :lol: :lol: :lol: :lol:

[mikey4069]

Originally Posted by wepwawet

I was told the wait was due to the time of year. with mentors taking the holidays off and picking up new students but with the amount of students coming thru/had to wait for orient. till after the new yr has swamped the system.

As for the contract its just a str8 loan if you make the $300 a month note they dont care what company you work for. Its not the old contracts that you work for swift for xx months and you dont owe anything but rather its this is your loan Swift will give you 150 a month and your cover the other half after 13 months your loan is payed but they cont. to give you 150 for another 13 months till they reimburse you the whole amount.

TA gives the same reimbursement so I dont see me losing anything by a change but gaining quite a lot in return.

Foodstamps :lol: :lol: :lol: :lol:

Than i say do whats best for you. You can wait for a couple weeks and see but i wouldn't wait more than 3 weeks . I would ask swift for layover and see what they say .

[Useless]

Please Note:

I am not an attorney, but I do have a working knowledge of some aspects of contract law. I am stating my opinions based upon personal experience, and situations that I have incurred in matters of contractual obligation, expectation, and other business and personal dealings.

Nothing of what I am stating within this post should in any way be construed as an offer, dispensing, dispensation, or dissemination of legal advice in either an expressed or implied capacity.

There are provisions in contract law that will allow you to be lawfully discharged from your duty to perform when it becomes, through no fault of your own, objectively impossible to carry out the duty (ies) that you were contracted to perform.

That does not mean that you are free to walk away from your obligations at this point. To invoke those discharge provisions, you have a duty to first attempt to mitigate damages, and to show that stated or reasonable expectations and obligations have not been met by the party with whom you have contractually engaged.

In this case, there is an apparent lack of trainers, but that could well be because traditionally, this is a very slow time of year for freight. That being the case, the delay was foreseeable, and as a party to the contract, you had an obligation to perform something called "Due Diligence"; that means educating yourself, discovering the prospect for these delays, anticipating them, and making preparations for these delays, which a court would reasonably deem as foreseeable.

You have also made either no effort, or at best, an insufficient effort to mitigate damages. You are currently without income; have you made any effort to earn or gain an income during this waiting period?? If not, then you don't have a sound argument.

Those circumstances alone do not free you from your contractual obligations, financial obligations, or your duty to perform as stated in your contract with Swift.

In the mean time, go get a job through a temp agency, go wait tables, go tend bar, go do something on a temporary basis, and get some cash coming in!!

[mikey4069]

Useless that all sounds real nice but that not the way it works everywhere . Here in california you the employ have more right than the employer .

[Useless]

Originally Posted by mikey4069

Useless that all sounds real nice but that not the way it works everywhere . Here in california you the employ have more right than the employer.

Well, Mickey4069!!

That may be the case, but we are dealing with provisions of contract law, torts, and to a certain degree, civil proceedure, as well as employment law. So, you can not rely strictly upon the elements or parameters of employment law alone.

Now, my contractual dealings have been carried out in other states as well, but none in California to any degree which could be deemed significant.

In any event, you would be very ill advised to take any type of action without first seeking competent legal counsel; I do not consider myself to be competent or qualified to dispense any type of legal advice, nor do I offer any type of legal service, paid or unpaid, represent myself, or in any way hold myself out as someone who is in any way qualified or credentialed to offer legal advice of any type or kind, in a manner which is expressed or implied. These statements are based upon my own personal and business dealings, and should not be interpreted, accepted, or in any way construed as legal advice or counsel.

[mikey4069]

You are smarter than i am but ill tell you my story. My first driving job was a school bus driver here in cali. I was trained by a school and i was under contract to be a sub driver when i was needed . If i was offered full time employment by another school than i did not have to live up to that contract . per California law is that clear or do need a better job at writing ?