Contracts do people read them?

[Bruno]

As for having contractors sign each paragraph of the contract seems redundant to me. I'm not saying it's a bad idea, just not necessary from a legal standpoint. Then again, IANAL. But I'm sure if it are necessary our lawyer would have included that option.

Actually this idea came from a judge who presided over a case involving a driver who claimed not to understand the contractual clause, so the suggestion was made when thee contract is explained to the driver, the clause is signed off on and then the contract is signed as a whole. Your lawyer may not agree with it but by doing that, you are ensuring that everyone is on the same page and no claim can be made otherwise in court.

A two week notice is not a reason that can be used against a driver - you are not hiring an employee or having them work for a specific amount of time - you are hiring them as an independent contractor to do a specific job. Most contracts are open ended which means that there is no expiration date so there is no way to hold them accountable for their exit at any given time. The only exception would be if they are under a load and leave. Outside of that, two weeks is a courtesy nothing more.

I would agree with most of what your saying. A judge ruled in a case I know about that if the contract clearly states a two week notice must be given or this will happen it is legal. The driver has a choice to sign it or not. It's no different if you sign a contract to move mail for the United States Post Office and you change your mind and want out of the contract. You have to do things the right way or there is a penalty.

We have contractors not leased drivers Greg. Our contractors have an investment in the business we do. Call me and I will explain what I'm talking about. I would call you but I got a new phone as my old phone memory card wont work so I lost your number.

 

[Slacktide]

Bruno,

I don't see any problem with your 45 day "rule". As I see it that is MORE than fair, most carriers allow a year and a day to file a frieght claim. You are only holding for 45 and then on the hook for 321more after you pay the driver. I would say that is more than fair to your contractor.

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