Western Express Non Compete Contract

Topic 31560 | Page 1

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Charles I.'s Comment
member avatar

I've read a few blogs and noticed my situation with the non compete contract is slightly different and trying to see which routes I can take. So issue is over a year and a half ago after taking a break from being with another company 4 years I came to Western Express. Never signed the contract simply refused to do it. Went out with a trainer to learn flatbed for 180 hrs because I had driven driven for those first 4 yrs. A week into my training me and my trainer arrive in Laredo and he takes an offer with another company and quits turns in the keys. So now I'm stuck in Laredo calling the company and no one can give me an answer or put me in a hotel since there is only a mechanic shop in Laredo. This persists for 2 weeks of me calling and paying out of my own pocket for a hotel and Western Express making no attempt to pick me up or send another trainer to come get me. So after 2 weeks of calling and coming out of pocket I got a ticket and went home. Finally after 2 months they called me back saying they noticed I haven't completed my training and a new trainer is there looking for me now like I was suppose to remain there for 2 months waiting out of pocket. So fats forward a year later and they stuck $2500 debt for non compete contract which I never signed and they can't produce but yet won't remove.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Turtle's Comment
member avatar

I have questions:

Did you maintain your CDL during that "break" from the other company? Why couldn't you just drive the truck back to the terminal after your trainer quit? What happened to the truck?

How is it you managed to get hired on and trained by Western after refusing to sign the employment/training or non-compete contract? Were they aware of your refusal, or did you simply turn in unsigned paperwork?

What was said during your two weeks of phone calls/hotel stay? Who did you call, and what was the outcome of those calls?

What month/year did this happen?

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
BK's Comment
member avatar

I have questions:

Did you maintain your CDL during that "break" from the other company? Why couldn't you just drive the truck back to the terminal after your trainer quit? What happened to the truck?

How is it you managed to get hired on and trained by Western after refusing to sign the employment/training or non-compete contract? Were they aware of your refusal, or did you simply turn in unsigned paperwork?

What was said during your two weeks of phone calls/hotel stay? Who did you call, and what was the outcome of those calls?

What month/year did this happen?

The original post was confusing to me also. I can’t understand why this situation lingered for so long. Something is wrong with this story.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
G-Town's Comment
member avatar

...odd, considering the OP claims to have experience.

Mr. Curmudgeon's Comment
member avatar

How many of your contact attempts were made via the in cab communication system with dispatch in addition to email / text? If all you used was phone calls and voice messages, you have no paper trail (except possibly your phone bill to show numbers called).

If this all happened a year and teo months ago, did you reach out to them whem you got home? Are you driving for anothef outfit now, and what was their take on the separation?

Sounds like a civil suit. Good luck.

Travis's Comment
member avatar

Contact an attorney that deals with credit/FCRA type stuff. I assume they'd contact them to validate they do in fact have a valid debt and if not the attorney would have them remove it.

Now if you didn't actually sign it but didn't notify them and just handed in the packet... I'm not an attorney and have no clue on any precedent in those cases. Worst case the attorney tells you he can't help you and you lose maybe a 10 minute phone call or hour in person visit

I've read a few blogs and noticed my situation with the non compete contract is slightly different and trying to see which routes I can take. So issue is over a year and a half ago after taking a break from being with another company 4 years I came to Western Express. Never signed the contract simply refused to do it. Went out with a trainer to learn flatbed for 180 hrs because I had driven driven for those first 4 yrs. A week into my training me and my trainer arrive in Laredo and he takes an offer with another company and quits turns in the keys. So now I'm stuck in Laredo calling the company and no one can give me an answer or put me in a hotel since there is only a mechanic shop in Laredo. This persists for 2 weeks of me calling and paying out of my own pocket for a hotel and Western Express making no attempt to pick me up or send another trainer to come get me. So after 2 weeks of calling and coming out of pocket I got a ticket and went home. Finally after 2 months they called me back saying they noticed I haven't completed my training and a new trainer is there looking for me now like I was suppose to remain there for 2 months waiting out of pocket. So fats forward a year later and they stuck $2500 debt for non compete contract which I never signed and they can't produce but yet won't remove.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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