Non-Compete Agreement Questions

It's only a problem if the company you apply to wants to honor such a clause. I wouldn't even mention it to a prospective employer. Get to work!

 

I would just go get a job and make the payments, they just want their money, and I doubt that they can put any kind of hold on you, other than mess with your credit if you don't pay.
Some states a contract to stay with a company will not hold up anyway. Several years ago, Jack B Kelly started their own mechanics school, paid the guys 10 bucks an hour 40 hours a week for several months or a year and all they had to do was work at one of their terminals for 2 years and the school was free, otherwise they had to pay. It was a two time wonder, because many of the first class didn't stay and they found out their was no legal way to recoupe their money. It was a shame, it was a good deal for a guy that wanted to become a mechanic.

 

Sounds like good advice!!! Thanks, I'll try to remember that!!

 

As Ridgeline said the non compete is unenforceable. They can’t keep you from making a living. The only instance where it would apply is if you were directly taking their clients.

 

Southern states do NOT enforce that crap in any way.

 

A non compete clause/contract is not enforceable if you know what they are used for, non compete's are used for companies with trade secrets or business relationships to protect. As an example, let's say you worked for KFC chicken and you wanted to steal their recipe for use at your very own chicken company, this is where a non compete would come into play. Or let's say you were a salesperson threatening to quit and take with you some of the company's customers that you dealt with, again this is where a non compete would come into play. But as a truck driver do you have any business relationships with any of the company's customers? The answer is a flat NO, the only thing you do with shippers/consignee's is pickup/deliver and get the BOL's signed so you can get paid for the load.

There are some states that do not allow non compete's, in the states that do allow them, there is a statement called public policy which indicates that it would be unlawful to prevent someone from making a living at another company, so if you're not the employee of a company who has trade secrets or business relationships to protect with anything similar to the above examples, it's more than likely a court would side with you instead of the company if you could also prove that the company made it impossible for you to perform your duties under the contract that you signed. Some examples are: hiring you while not having a truck for you to drive and having you stay at a hotel for 2 to 4 weeks and not paying you, taking your assigned truck from you and giving you one that breaks down a lot, non-payment for a load, working with a dispatcher who tries to make you late or operating illegally, pay deductions that don't make sense or anything abnormal.

Please Sign My Petition: Petition Abolish Non Compete Clauses/Agreements In The Trucking Industry

 

You signed a contract to pay $xxxx for your school and training. Apparently you did not hold up your end of the contract. Pay the balance due and move on. Simple.
If someone signed a contract to buy your car then quit making the payments, would you want the car back? Or would you just let them keep it while owing you thousands of dollars? You don't have to answer that. I already know the answer.

 

You did the right thing and I commend you for doing so.