company dragging ### on training

Discussion in 'Questions From New Drivers' started by lulel, Jan 26, 2023.

  1. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    Stay with the co, get your training, don't wimp out.....In this biz, you will come across tons of idiots, from dispatchers to security guards to lumpers to scale personnel to cashiers to office people on and on. Know your place, deal with situations, get on with it, OK ?
     
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  3. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    Jan 13, 2013
    SW Arkansas
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    For some clarification, CRST started this "Non-Compete" crap. at first when someone under contract quit, they would send letters to the drivers next job threatening legal action if they kept the driver working. Some companies caved, some didn't. Then they actually started suing companies over this.Don't know how most of these turned out. But they sued Swift alleging "Driver poaching" and won a multi million dollar judgement against them which I heard Swift appealed.
    Now several other training companies are trying this.
    The sad thing is that drivers come on here and ask what they can do about it. The time to do something would have been when they were asked to sign that contract that nobody seems to read.
     
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  4. Terlingua

    Terlingua Medium Load Member

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    It’s not common, but there is a provision in civil law that can hold the new employer liable for knowingly inducing an employee to breach a non-compete, as long as the non-compete was enforceable in the first place. Usually the previous employer sues or files an injunction against the employee, not the new employer. This is what Prime was trying to use to threaten other carriers. I thought I read they lost that case, but I didn’t remember for sure.
    Can the new employer be liable for an employee breaching the non-compete agreement with a former employer? - G&G Law Offices

    I’m not a lawyer, but I *am* staying at a Holiday Inn Express tonight while my truck is at the Freightliner shop.
     
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  5. tscottme

    tscottme Road Train Member

    Stay put. Why volunteer to complicate your life by switching companies for a minor inconvenience? There is no guarantee your trainer at another company won't be psycho or that you won't have to wait for a new trainer at the second company. You owe the money if you leave. Stay.
     
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  6. tscottme

    tscottme Road Train Member

    How is her driving? That's what matters, not her family life. If you cannot hear a foul word, you may be in the wrong industry.
     
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  7. tscottme

    tscottme Road Train Member

    You aren't being asked to approve or support yelling at children. You are asked to learn to drive with this trainer. You also don't have to like being told if you screw up. The quickest way to be free of trainers is to finish training and demonstrate good skills and procedures. The company is judging if the problem is you or the trainer. They don't know if you are a delicate flower unable to cope with any adversity or if you are reliable, dependable, and careful. You are still auditioning for the job until a few months after you have your solo truck. There is no prize for being the most sensitive driver in the company. If you can survive the trainer, I suggest you stay at the company. Lots of people under 40 years old are suspected of being unable to cope with any difficulty. Try not to feed into that stereotype.
     
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  8. tscottme

    tscottme Road Train Member

    Company B is potentially helping former employee break company-employee contract. Some states enforce non-competes and some don't. Tortious Interference in contracts is a liability problem. He's not making it up.
     
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  9. MSWS

    MSWS Medium Load Member

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    I almost got my CDL through a company program. I attended orientation and they didn't show us the contract until the end of the first day. I got up and left when I found the non-compete clause. While I can't speak to the enforceability of the agreement, it definitely said I couldn't work for any other trucking company until the contract was over. It wasn't exactly clear on whether or not paying it off early would end the non-compete or if that portion remained effective until the contract expired. Either way, I wasn't going to sign it. I ended up using the WIOA to fund my training through a private school. Glad I did.

    Interestingly, I applied to work at another company almost a year later. I don't know what system they were using but it pulled up a report saying I was under contract with that first company. I explained what happened and they were satisfied, but companies clearly have a way of finding out about these things.
     
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