Non Compete Agreement

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George M.'s Comment
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I have a question on non compete agreement. Can an owner operator have a new driver sign a non compete agreement for a specific amount of time? I have heard of drivers getting trained i.e. car hauling then getting their own truck to go work for the same company that the owner Operator they were working for was contracted with. Insight on this?

Thank you

Owner Operator:

An owner-operator is a driver who either owns or leases the truck they are driving. A self-employed driver.

Auggie69's Comment
member avatar

Courts can go either way on non-competes.

The real issue is whether or not you think your former employer will bother to take you to court. If so, you better have the bucks to fight it.

Raz's Comment
member avatar

I have seen these in other classes of business. Most times you will not see lawsuits unless that $$ involved is considerable. Think of the costs involved with both parties.

However if the industry is aware that a certain company requires all employees to sign the agreement then you will have a problem getting hired by the next company.

If you do get hired and the old company knows where you went, most likely the new company will get hast led by the old .

Personally I would never agree to sign such an agreement

Dave D. (Armyman)'s Comment
member avatar

Many trucking companies have an "at will" contract. That means they hire you "at will," and can fire you at any time.

Other trucking companies, especially when it comes to training companies, might add other caveats.

Dave

Susan D. 's Comment
member avatar

Even some "at will" employers have some or all employees sign a no compete contract. Amazon does this as do many others, but I've never heard about a trucking company that does it.

I have heard of trucking companies (think company sponsored school) who won't release someone's training certificate if they don't work for them and don't repay their school debt.

Gunner's Comment
member avatar

The design behind these agreements is based off of whether you have "trade secrets" that you may be able to share with another company. They are actually very difficult for employers to win because many courts look at them as simply preventing people from getting a new job. They are huge in the sales business and companies get away with them because they simply wont hire u unless you sign it. They are total BS. Just another way for companies to make you stick around for a while. Any decent lawyer could crush the standard non-compete clause though but very few people fight them.

Errol V.'s Comment
member avatar

The original question is about Owner Operator:

I have a question on non compete agreement. Can an owner operator have a new driver sign a non compete agreement for a specific amount of time....

I wouldn't sign such a paper from an O-O. A company is in a different situation. But if an O-O needs a driver, and you don't want to restrict yourself, don't sign it. Just go work for said company anyway.

Owner Operator:

An owner-operator is a driver who either owns or leases the truck they are driving. A self-employed driver.

Phil C.'s Comment
member avatar

If they are training you this is a common thing, and typically is for 2 years. If you're worried about it then don't sign it. Its just a way to make sure you don't get trained then go work for a competitor. And as others have stated its rather rare for anyone to take you to court over it even if you did get trained at one place then go work for another.

Phil

Scott O.'s Comment
member avatar

Crst has it and has gone to court... Crst vs jbhunt and Werner is just a couple crst sued and won...

George M.'s Comment
member avatar

If they are training you this is a common thing, and typically is for 2 years. If you're worried about it then don't sign it. Its just a way to make sure you don't get trained then go work for a competitor. And as others have stated its rather rare for anyone to take you to court over it even if you did get trained at one place then go work for another.

Phil

I was told that the OO had trained a driver he learned the car hauling biz. Then he went bought his own truck and got hired as an OO by the same company that the OO he trained with in the same terminal. I'm learning that the companies don't care about anything but the $$$$$$. I'm good I'm not being asked to sign one the OO is my wife cousin. lol

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

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