Drivers

Court Certifies Lawsuit Against Swift as Class Action

November 07, 2010

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A lawsuit accusing Phoenix, Ariz.-based Swift Transportation Corp. of routinely shorting its drivers in pay will move forward as a class action after a long and circuitous route through the Arizona court system.


The case claims that rather than paying drivers on actual miles driven, the company calculates mileage using a software program. The suit claims that in doing so, the program, on average, underpays drivers by 7 percent to 10 percent.

According to court documents, Swift Transportation's manager of contract finance from 1998 until 2002 admitted the software consistently underreported the mileage that drivers actually log by an average of 6 percent.

The lawsuit alleges breach of contract for not paying the correct amount and breach of the implied covenant of good faith and fair dealing based on Swift Transportation's adoption of a system that underpays drivers.

The lawsuit was first filed against Swift Transportation in early 2004, but the motion to certify it as a class action was initially denied by a Maricopa County (Arizona) Superior Court judge. The judge's decision was appealed by plaintiffs' attorneys at Hagens Berman Sobol Shapiro LLP, and the Arizona Court of Appeals reversed the lower court's decision.

The appellate court's decision to certify the suit against Swift Transportation as a class action, however, was then overturned by the Arizona Supreme Court on procedural grounds. The Arizona Supreme Court held that the appellate court lacked the jurisdiction to review the decision by the trial court not to certify the suit as a class action.

The case was sent back to the Maricopa County Superior Court, where attorneys for lead plaintiff Leonel Garza and the class filed a renewed motion to have it certified as a class action. The court granted that motion Thursday.

"It's been a long and difficult road to get to this moment, but we're happy that the court ruled in our favor," said Hagens Berman attorney Rob Carey. "We've heard from numerous Swift drivers that the company's mileage calculation method cheats them out of honest and hard-earned compensation. These drivers deserve their day in court, and now they'll get it."

Maricopa County Superior Court Judge J. Richard Gama ruled Thursday that the class for the case against Swift Transportation encompasses "all persons in the United States, including those who were employed by Swift as employee drivers on or after Jan. 30, 1998 or contracted with Swift as owner-operator drivers on or after Jan. 30, 1998, who were compensated by Swift by reference to miles driven."



Comments

  1. 1. ignacio arredondo [ July 21, 2013 @ 02:16PM ]

    i drove for swift from 1997 to 2009. as a o/o

  2. 2. Jeremiah Fricke [ September 18, 2013 @ 07:57PM ]

    I worked for swift 2010 0TR
    Please inform me w the class action thx

  3. 3. Jason Blassingame [ November 04, 2013 @ 01:18PM ]

    I worked for Swift from 2003-2004 as a company driver but now I work for them as a o/o can I still be involved in the lawsuit? E-mail an let me know thanks

  4. 4. Vance Barnes [ March 04, 2014 @ 10:53AM ]

    I drove for Swift 2010

  5. 5. jose rodriquez [ March 07, 2014 @ 11:30AM ]

    I worked for swift from 10-13, have not been paid for 3 runs of oversized.

  6. 6. Harley Heller [ April 28, 2014 @ 02:27PM ]

    I drive for swift now , and its horrible.
    Sometimes they will route you 100 miles over what your paid for .
    I always take the shortest route , and don't follow theirs but thats just sad.

  7. 7. Hollis Hood [ July 05, 2014 @ 04:02PM ]

    Ya I have been noticing more and more of my mileage is getting rip-off my family lives off of that money how do I get that money for those mileage for us please email and tell me what I need to do!!

  8. 8. john w vaughn [ August 24, 2014 @ 10:09AM ]

    In 2008 i took 3 days off to berry my grandmother that raised me well i was at her funeral. Swift took it on them self's to come pick up the truck with out letting me know when i got home i thought some one has stold it i called them up and they told me i would get a letter in the mail ???????? They took all my stuff never gave sent it back to me sent me a letter stating i was laid off and did not pay me all my miles i worked... SWIFT YOUR LOW DOWN !!! AND I STILL WANT MY STUFF BACK... JOHN W. VAUGHN

  9. 9. Willaim c Kennedy [ March 26, 2015 @ 11:59AM ]

    I would like to be notified, when the case on swift transportation is final for the movers miles. I worked for swift from 2004 to 2006 as a company and a owner operator. and want to receive the amount owed to me and my family. Thank you.

  10. 10. Malshun Williams [ July 28, 2016 @ 04:53PM ]

    Employed with Swift 2006-2009

 

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