Arizona Supreme Court Rules Swift Corporation Must Face Employee Claims in Court

Sep 06, 2011

PHOENIX – After eight years of legal proceedings, an Arizona Supreme Court ruling has concluded that truckers working for Swift (NYSE: SWFT) who claim the company routinely shorts drivers for mileage may take their case to trial.

The truckers, represented by Hagens Berman, claim that Swift uses an artificial calculation that results in drivers being paid for significantly fewer miles than they actually drive.

The Arizona Supreme Court has declined to review a trial court’s decision to certify a broad class action based on a 2008 appellate court decision that was vacated, which means the case will now proceed to trial.

“We are pleased that the court agreed with us that Swift drivers deserve to take this case to trial,” said Rob Carey, a partner in the Phoenix office of Hagens Berman. “We believe that the company illegally took millions in unpaid wages from its drivers.”

According to the complaint, originally filed Jan. 30, 2004, in the Superior Court of the State of Arizona for the County of Maricopa, Swift short-changed drivers using a database that, on average, shorts drivers a significant percentage of their mileage — and hence their pay.

“We believe that the software program chosen by Swift is not compatible with the company’s obligations under the drivers’ employment agreements,” said Carey. “We look forward to pointing out this inconsistency in court and recovering drivers’ lost wages.”

Hagens Berman is interested in speaking with Swift drivers who worked for the company from 1998 to the present. Drivers or former drivers can contact the firm by emailing [email protected] or by calling 206-623-7292. More information is available at http://hbsslaw.com/cases/swift-transportation.

The lawsuit alleges that Swift is guilty of breach of contract and breach of the implied covenant of good faith and fair dealing based on its alleged failure to pay for all miles driven.

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Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in nine cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List seven times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

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