Addressing The No Compete Clause

I have been reading on too many posts recently that many of you are signing no compete clauses when hiring onto certain carriers. It's led me to believe that many of you have no idea what a no compete clause can and cannot do.

Perhaps there are companies out there misusing the no compete to prevent drivers from hiring onto other carriers unjustly. Many times companies use this tactic to make drivers not hireable in others they may have just cause for invoking it.

As a new student going through a company sponsored training program they will use this clause to make sure you finish your obligation with them while you pay for your school. Understand these companies are making an investment in you and in return expect you to hold up your end of the bargain. The no compete must have a start and stop date associated with it or it's not valid. There are few ways companies can implement the no compete. First a basic way is to say you have x amount of time that you must work for us before you are free if your obligation. Second is after you pay the cost of your schooling we will release the no compete. And lastly after you leave the company voluntarily you will have to wait x amount of time before hiring onto a competitor.

Now that I have explained a few scenario's let me say non compete clauses are very hard to defend for most company's. Example: Driver A leaves his company voluntarily which only does dry van , he decides to go flatbed and they do not offer it. Is he breaking the no compete clause? Probably not, since the company doesn't haul flatbed he is not competing with the other company so in essence not breaking the no compete. This is only one of many examples I can think of where a no compete is not valid.

So why do companies use them when they are so hard to defend? Simple, they know the average driver cannot afford to defend their position so the gain there leverage from a stance of power. Litigation costs money and if drivers were rich we probably wouldn't be driving right?

So many companies already know what I am saying here that's why they protect themselves by adding clauses in contracts like with holding training certificates and sueing for the balance owed on you school and such. It's amazing what a bad credit report can do to people. Also using companies like Hireright to negatively affect one's chances of finding a job in the future.

Now that I have bloviated you may think that I am trying to tell you no competes are BS and to ignore them. That is not the case. In fact take them very seriously and if you're under one do everything in your power to uphold your end of the obligation. (even if it proves not to be valid ). I am a "you made your bed you lie in it" type of person. I just believe everyone should know their rights and if ever the be the remotest possible reason you cannot fulfill your obligation because you were unjustly sued because of it.

One last thing if you are fired from the company 99% of the time non competes are not valid. They can use other methods to prevent you from driving for a different company but the cannot enforce the no compete clause. A company doing so could face a class action the size of a large lottery prize if they get caught. Again it's important to know your rights it's more important to fulfill your obligation! You may not like the company you start with but they usually hold up their end of the bargain so you should to.

Again it's important to know your rights it's more important to fulfill your obligation!

I think it's important for people to understand why they're being asked to sign a contract in the first place. Training drivers is incredibly risky and very expensive. These Company-Sponsored Training Programs are a trade school, on the job training, and then a guaranteed job all in one place. They're fronting the equipment, the facilities, the trainers, the fuel, and the financial risk of training drivers for their new career. In return they're simply asking you to work there for a little while, often times at a slightly lower wage rate so they can recoup at least some of their expenses for the schooling and get some freight moved around the country.

If you'll take the time to understand the big picture and everything that is involved in the process of taking someone off the street and turning them into a professional driver you'll see that what they're asking in return for what they're doing for you is really a huge win for the driver.

If you'll take the time to understand the big picture and everything that is involved in the process of taking someone off the street and turning them into a professional driver you'll see that what they're asking in return for what they're doing for you is really a huge win for the driver.

Thank You Brett! I don't understand why people think they are being screwed by a contract. I for one am grateful that Swift offers such a program. I start with them next Monday. I show up to school with no money down, they train me, after 3 weeks they send me out with a trainer and PAY me $300.00- 400.00 per week for 4-6 weeks. Then they hire me to drive for them and take 37.50 per week out of my check for 13 months. At the end of that time I have paid a grand total of $1950.00. Now in my book that is a bargain! In Arizona, new School Teachers make about the same salary as a first year Truck Driver. I think a 4 year College Degree costs a bit more than $1950.00!

Tractor Man wrote:

Thank You Brett! I don't understand why people think they are being screwed by a contract. I for one am grateful that Swift offers such a program. I start with them next Monday. I show up to school with no money down, they train me, after 3 weeks they send me out with a trainer and PAY me $300.00- 400.00 per week for 4-6 weeks. Then they hire me to drive for them and take 37.50 per week out of my check for 13 months. At the end of that time I have paid a grand total of $1950.00. Now in my book that is a bargain! In Arizona, new School Teachers make about the same salary as a first year Truck Driver. I think a 4 year College Degree costs a bit more than $1950.00!

That's only half of the story TM...

If you stay with Swift beyond the first year, they will deposit that same $37.50 back into your weekly pay beginning with month 13 and continue until the $1950.00 is paid back in full to the driver. In summary, if you continue driving for Swift a full 2 years after completion of road training (mentoring), your tuition is basically free.

I agree with your points of "bargain" and "grateful". Exactly how I felt about their program.

Good luck with your schooling, best advice is to focus all of your available attention on learning and practicing (including pre-trip). Make every minute count...including free-time. Let us know if you need any help a long the way.

Yes G, you are correct. I have every intention of staying for 2 years in order to get the reimbursement of my $1950.00. I may stay longer than that. I would love to get my first two years of experience with the same Company. They have obviously treated you well, as you are still there. I may PM you during my training process, as I value your opinions and enjoy your insights and posts as well. Thanks!

I agree with all three of you. Being adult enough to know when you make a commitment and keeping it are values I hold myself up to. Your careers go so much smoother when you finish your obligations don't they? Hopefully I came across the way all of you were thinking.

My objective was to make future students aware of the gravity of a no-compete clause because they are signing some pretty dang important papers when they go threw company training programs.

I am also very grateful for the school sponsored training program. It's not just an incredible opportunity, it's a whole new life and a whole new world. Once I passed the tests I began thinking about the ramifications of getting my CDL... they're actually quite profound. My whole life is changing for the better because a company gave me this chance when I didn't have a dime in my pocket!!

When I hear people complain about companies that provide us with such an opportunity, I kinda feel sorry for them because I think they just don't get it. Attitude makes such a difference in the outcome of every endeavor.

I read my contract and understood my obligation, and with a little trepidation signed it. Now I plan on fulfilling my contract come hell or high water....( and I'm currently waiting for employees to make it in to work in Houston lol). C.R. England has done me no wrong and a world of good. And my paychecks are more than double anything I've ever made!

Sorry Brian...I am not in any way referring to you...I realised it sounded like I meant Brian was complaining