The following is the experience my fiancee' went through when working for Schneider National. After deciding to leave Schneider, she was denied her unemployment benefits. The reason she was denied was because Schneider decided to make up false statements to ensure she would not receive these benefits.
Of course she also fell into the contract clause, which requires her to pay Schneider for the training program due to leaving the company. She did complete the training program and was employed with Schneider from March '05 to Aug '05. The letter below is an appeal to the unemployment agency, and details some of her reasons for leaving the company. Schneider would also tell the unemployment agency that she was "terminated" when she actually quit voluntarily.
Appeal letter
My name is Jennifer [blank]. This message is in response to the disqualification for unemployment benefits by the North Carolina Employment Security Commission. I have decided to appeal this decision by providing details surrounding my voluntary termination from my previous employer, Schneider National.
It was brought to my attention by an ESC representative that my claim for benefits was denied, following a short investigation of my employment history with Schneider National. It was also stated that I was disqualified as a result of involuntary termination from the company.
I was informed that due to being terminated or fired from this company that I would not be eligible for my unemployment benefits.in filing this appeal and in my defense to the claims stated above, I would like to make it clear that my termination from Schneider National, in August was 100% voluntary. Specific circumstances surrounding my decision to quit included; severe health risks, safety concerns, and the lack of professionalism displayed by my former fleet manager. All of these issues were communicated to my immediate supervisor (s) and failed to be properly addressed.
I was employed with Schneider National from March to August. I successfully completed the company training program, which enabled me to secure the position as an Over the Road driver for Schneider National. As a new driver I decided to immediately pursue the Team Driver program. The team driver program allows two company trained drivers to occupy the same truck, with rotating shifts behind the wheel. During this period (3 months) I received no complaints or write-ups for failing to make on time deliveries. I had no issues or failures in communication with my fleet manager. As a team driver I incurred only one minor accident, which would later be related to invalid directions assigned by the trucks on-board communication system. There were NO damages incurred as a result of this minor accident. I teamed for approximately three months, then decided to obtain my own company truck. I would later go through a total of three fleet managers, as the company would routinely rearrange its drivers with new fleet managers. With each new fleet manager, I would discuss my strengths and weaknesses as a new driver. I often stated that being a new driver, I was not always comfortable hauling loads with strict deadlines. This was simply due to the fact that I was a new driver, still learning the routes and customer locations. I mentioned this to my fleet manager Jennifer and she stated that she would work with me on bettering my performance.
During the period of time when Jennifer was my fleet manager, I did not receive any write-ups or violations. However still a fairly new driver, I continued to push myself to perform at my best. It wasn't until a month or so later when I was again switched to a new fleet manager Steve. As with my prior fleet managers, I discussed my strengths and weaknesses with Steve. I stated to Steve that I was not 100% comfortable hauling time critical loads. I requested to be placed on loads that were not so time critical. I continued to receive loads that were highly time-critical, which resulted in missed appointments and discouragement.
I made numerous requests to Steve, to place me on less time-critical loads, allowing extra time for delivery. Steve made the remark to me If you can't make these appointments, then we need to find you someone else (making reference to locating a new fleet manager for me.) I again stressed to Steve that as a new driver I was still an inexperienced driver, and I needed loads that allowed more time for delivery.
I felt as though Steve was simply overlooking my requests, as he continued to place time-critical loads upon me. I tried to communicate with my fleet manager Steve, inquiring about the progress of finding me a new fleet manager. I assumed he was in the process of locating me a new fleet manager.in August I was hauling a load from up north to Alabama. This load would take me down south through Georgia. As I was entering South Carolina towards Georgia, I noticed the temperature had risen to extremely hot conditions. The humidity was high, and the temperature inside the truck began to rise. I reached to turn on my Air Conditioning and noticed it was only blowing warm air. I immediately rolled down the windows and contacted my fleet manager via the on board computer. (OBC) I stated that my Air Conditioning was not working properly, and that the temperatures both inside and outside the truck were rising to uncomfortable levels. I waited for what seemed like hours for a response. After finally receiving a response, I was told to contact road side maintenance via my on-board computer. I contacted them and stated my problem with the Air Conditioning, and they dispatched me to a maintenance facility in Georgia. Arriving at the maintenance facility in Georgia which was actually a (Travel America Truck-stop) I went inside to request the service and provide the required information. They received the go ahead from Schneider National to repair the Air Conditioning. Although the work order was approved, the facility was slightly backed up and I would have to wait in line to get
my service completed.
I was told to drop my trailer and get my truck in line to receive the service. I did all of the above and was slightly relieved to be getting the problem resolved. While sitting in my truck, in line to receive service, I received messages on my OBC. The first message inquired about how long it would take to get the problem fixed.
I responded I have no idea, but this has to be fixed Additional messages followed, which did not appear to be from my fleet manager. This is a critical load I responded with Someone else may have to take this load, I cannot drive without Air Conditioning.
Federal Motor Carrier Safety Law.
392.3 Ill or fatigued operator. (Federal Motor Carrier Safety Administration)
No driver shall operate a motor vehicle, and a commercial motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.
[35 FR 7800, May 21,1970, as amended at 60 FR 38746, July 28,1995].
I continued to wait to receive service on my air conditioning unit, it was mid-day heat, I pressed the temperature button on my console to reveal the outside temperature.
It was approximately 98-99 degrees.
Not wanting to lose my place in line, I sat with
my windows down, and used a magazine to fan the air towards me. After a very long patient wait, I was waved in to receive service. After pulling into the service bay, two or three mechanics approached the truck and began to diagnose the problem.
They popped the hood up, located the problem, and referred to it as a low-bunk-side leak.
Literally moments after raising the hood, one of the mechanics informed me that they would be unable to perform the service, because I was under a critical load. They informed me that Schneider had called and cancelled the work order due to my critical load status. They lowered the hood and told me that I would have to leave. I was very disappointed and frustrated, due to the fact that the work order was canceled.
I had undergone extreme conditions, made every attempt to get the problem fixed, and lost mileage pay all in the process. It was my strong opinion and the motto of the trucking industry that no load is worth your life. At that point I felt that Schneider National had placed a time-critical load before my life. I immediately attempted to contact my fleet manager for an explanation. I was unable to reach Steve but was able to speak with his assistant Lisa. I asked why she had canceled the work order, and explained to her the importance of having a properly functioning AC unit, given my location. She stated to me in a very stern tone that you never do what you say and you are always late I made it clear that the AC unit wasn't working properly, that the mechanics had diagnosed the problem, which they referred to as a low-bunk-side leak. She continued to speak to me in a stern tone, which made me feel very uncomfortable. She asked if I was going to make the delivery on time, and I stated that I had been in extreme heat all day, and was very frustrated. She returned with the remark That's it! I'm taking you off of the load!
You can just call Steve in the morning! Lisa ended the conversation by hanging up immediately. I felt very dissatisfied with the way I was treated, and began to question my relationship with Schneider National. It was approximately 5:00PM (EST) when I decided to pursue my best interest and sever ties with Schneider National. After cooling down from the temperatures, I drove home, removed all of my personal items from the truck, and returned the truck to a secured Schneider facility in Laurinburg, North Carolina that very same night.in conclusion, I feel that due to the circumstances surrounding my employment with Schneider National, I should receive my unemployment benefits. I do not feel that voluntarily dismissing myself from a company that places its employees at risk, should merit a disqualification of unemployment benefits. I ask that you please review this letter and take into consideration, the circumstances surrounding my request for an appeal.
Kindest Regards,
Jennifer
Please think twice about becoming an OTR driver for Schneider National, it could cost you your life.
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