Dispatcher company stole my driver

Maybe, maybe not. That's why I suggested consulting a professional to draft the contract clause.

 

Stole your driver? Was he really yours to steal? We are free to work for whomever we chose. Maybe it was more that your driver wasn't as loyal as you would like. Find a new employee and move on. Stay in this business long enough and it will happen again.

 

I have seen driver's that will spit shine their company trucks, get top fuel mileage, etc. and get little to no recognition or get treated worse than a slob driver.

Trying to better one's self is part of what has made America great. Be thankful you had a good driver. That must be like hitting the lottery in today's market.

 

I think a non-compete clause (or whatever you want to call it) is going to turn a LOT of drivers away. My advice would be to focus on employee compensation/benefits, equipment, and ways to encourage employee loyalty... rather than cook up some scheme to attempt to keep them from going somewhere that pays better.

Keep in mind that if that driver was that content where he was (i.e. Happy with benefits, employer/employee relationship, equipment/truck, etc.)...he wouldn't have been lured away by a bit of a raise. i.e. I like where I'm working at the moment. They gave me a shot out of CDL school and have been good to me. I have no interest in looking for something better anytime soon, because I'm happy where I am.

 

Welcome to the real world. In the gasoline hauling industry this happens all the time. Major Oil Companies only have so many trucks. They use carriers for the rest. When a opening pops up with a major, it is usually filled by one of the drivers already doing that work with a carrier. All trained and experienced.
Happens all the time.

 

I wouldn't fault a driver for getting the better pay somewhere else. Pretty shady for a business partner to take him on, but without a no compete contract in place there is nothing to stop it. I wouldn't switch dispatching services. I'd just find another driver and going forward, have them sign a no compete contract to prevent them from hiring on with your dispatch service again.

If the driver you lost is worth it, ask him what they offered and see if you can match or beat their offer.

 

According to you, he was an independent contractor. He can work where ever he wants to.

BTW, don't let the IRS or workmans comp get a hold of this info. You will have much more to worry about than someone hiring away your driver.

 

You should keep in mind that any driver you hire is an employee, NOT a contract driver or independant...

You are responsible for payrol deductions and insc (WCB) coverages..

,,,, Philip