Are employment contracts the real deal?

Discussion in 'Questions From New Drivers' started by Eethomas685, Dec 24, 2016.

  1. RedRover

    RedRover Road Train Member

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    Day one at Swift academy we were told that if we jump to another company and just came for the cdl, they will tell the other company we didn't finish the school.
     
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  3. UsualSuspect

    UsualSuspect Road Train Member

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    So you signed a contract without consulting counsel, first mistake. While Non-compete clauses are not enforceable, many companies won't hire you because you lack a training csretificate. If you leave you will have to find a company that won't ask you for your 160 hour certificate from your CDL School, which is what they are withholding, others have posted about it. You did take out a loan for the school, which you need to repay.
     
  4. ExOTR

    ExOTR Windshield Chipper Extraordinaire

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    It still applies to drivers, but not the trade itself. I've signed non-compete before, and was reminded about it when I was having my exit interview.
    I could still drive for anyone else, even a competitor in the food ingredient industry. But I couldn't share any knowledge I had about customers such as location, contact info, purchase habits, annual peaks etc.
    And they are enforceable in civil court, but rarely pursued unless you shared information resulting in the loss of a large client.
     
  5. Lepton1

    Lepton1 Road Train Member

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    Non-compete or employment contracts are enforcible IF you received compensation for signing the contract, a signing bonus. If you received no signing bonus the contract is null and void. Most employees are unaware of the case law about this, then get trapped in "contracts" that are easily "broken".

    I've had several positions in my career that had such contracts and I always consulted with a lawyer before signing. I remember when I was the customer service manager and salesman for a packaging company the new owner called a sales meeting to give us a complicated formula for calculating commissions and bonuses. In order to participate in this "opportunity" we had to sign new non-compete contracts. I said, "I want $100,000 for a signing bonus".

    The other salesmen looked at me with a look of shock, then the light bulbs went on. "Me too!", they all said.

    We never heard another word about changing the compensation plan.
     
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  6. Ridgeline

    Ridgeline Road Train Member

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    That's not about a non compete clause, that is a non disclosure clause. A big difference. And that isn't enforceable either in this industry because of the way we operate,
     
  7. m16ty

    m16ty Road Train Member

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    The deal is, the company has invested money in you, getting you trained and a CDL. They require you to work a certain period of time so they can recoup their investment in you.

    Don't want in one of these contracts, go pay for your schooling out of your own pocket.
     
  8. Boattlebot

    Boattlebot Road Train Member

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    I was under a contract at swift. I left after a month of being asked to bend over and a bill came. 150 a month to pay the leaches off. fair enough in my mind. the way I see it, I'll be making over 150 more by switching companys. And if I can I'll try to do it weekly instead of monthly to get them off my back.

    But no you won't be black balled for being under contract.
     
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  9. pattyj

    pattyj Road Train Member

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    Some companies may not hire you while you're under contract with another company.What your company is seei,g stay with them a yr OR pay off the remainder of your contract to get removed from the contract.
     
  10. Eethomas685

    Eethomas685 Light Load Member

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    I understand that I will need to repay the remainder of the tuition cost, but I am speaking more or less about if I am not able to get a job anywhere else because I didn't fulfill the contract time with the original company. Will another company (especially if I was going from otr to regional or local) not hire me because of it. I'm definitely not considering going from one otr to another.
     
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  11. RollingRecaps

    RollingRecaps Light Load Member

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    The contract is for financial repayment ..You still have your Cdl, its YOUR CDL. You can change jobs as many times as your heart desires. You will be responsible to pay Swift for the training per the contract you signed. .

    Start applying for local jobs if that's what you desire. If they are willing to hire you with your lack of experience tell Swift good bye and make arrangements to make payments on the school to protect your credit. The CDL is yours they can't take that away. Some drivers have been told they will take there CDL away if they don't finish the contract,its total BS scare tactic Swift can't touch your CDL.
     
    Last edited: Dec 25, 2016
    Reason for edit: Add additional info
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