Consider T.E.A.R. for Cy Pres Awards
Truck Drivers who need help.
Cy-près doctrine
The cy-près doctrine is a legal doctrine that first arose in courts of equity. The legal French term literally means “so 
near/close” and can be translated as “as near as possible” or “as near as may be“. The doctrine originated in the law of charitable trusts but has been applied in the context of class action settlements in the United States.(The Free Dictionary, n.d.)
Cy Pres consideration
In some class action court cases, when some or all the funds recovered cannot feasibly be distributed to class members, cy pres awards can be made to organizations that are “as near as possible”. Truckers Emergency Assistance Responders – T.E.A.R. , a 501 (c)(3) nonprofit organization, welcomes consideration for cy pres awards directly, or to one of our partner organizations that serve the truck driver community.
T.E.A.R. is deemed an appropriate recipient of cy pres funding if distribution to the organization would “benefit the class or similarly situated persons”. In non-class action suits, or prior to class certification, settling defendants may also direct all or part of the settlement payments to a non-profit organization.
How will T.E.A.R. serve truck drivers?
T.E.A.R. assists truck drivers who are in need of short term immediate assistance following carrier abandonment, carrier shutdown without notice, wage theft, sexual harassment/assault that compels the driver to abandon a training fleet, and a range of other issues that leave truck drivers without the means to get home safely with all of their belongings and pet (s) if they have them. T.E.A.R. will help with additional resources , such as lawyer referrals to fight for justice and re-employment assistance if requested.
Donations to support our work is critical. Trucking is one of the few industries that can have mass layoffs and leave workers stranded across the United States with little attention in mainstream media. Each day individual truck drivers who serve our country delivering household goods find themselves stranded with no way home after such events as a slip and fall at a truck stop, wage theft from an unethical employer. Many truck drivers each year feel forced to abandon their new driving job due to unsafe training practices or the threat of sexual assault from a trainer or co-driver at “team driving” training fleets. These are just a few scenarios where T.E.A.R. can help these individuals get home safely.
What you can do:
Nominate Truckers Emergency Assistance Responders – T.E.A.R. to be included in your firm’s Cy Pres distribution list. By doing so, you’ll help ensure that truck drivers who need immediate short -term assistance have a viable resource to help them.
If you have any questions or would like more information about our work, please send an email to our President and CEO, Desiree Wood
