FTC bans non competes

Discussion in 'Ask An Owner Operator' started by Long FLD, Apr 23, 2024.

  1. 86scotty

    86scotty Road Train Member

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    That's a good explanation @Ridgeline.

    I am against these in certain situations and for in others.

    I don't think this will change much in the world of trucking, at least as far as the common O/O, broker structure.
     
    Deere hunter Thanks this.
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  3. snowwy

    snowwy Road Train Member

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    Chamber of commerce filed a lawsuit against it with more lawsuits to come.
     
  4. gentleroger

    gentleroger Road Train Member

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    The big change for trucking is for the training companies. If I read it correctly the company can no longer issue threats saying "you can't hire this driver".

    But yeah, in large part this has nothing to do with our industry.
     
  5. RockinChair

    RockinChair Road Train Member

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    Because they don't want you to take what you have learned on their dime and use it to benefit another employer. This, along with NDAs, are designed to protect their business interests.
     
  6. m16ty

    m16ty Road Train Member

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    Yes, this is far from settled. The FTC can make all the rulings they wish, but until you have “settled” case law it doesn’t mean much. I would suspect this goes all the way to the SCOTUS.
    I think there are legitimate needs for a non-compete, but those contracts have been abused.
     
  7. Lazer

    Lazer Road Train Member

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    That part I fully understand from the ‘employer’ point of view, I’m referring to an ‘employee’.
     
  8. Ridgeline

    Ridgeline Road Train Member

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    Yes this could help. However, the argument to restrict the driver and sue the new employee is frivilous at best.
    In this industry, there is nothing that a driver can't learn somewhere else.
    Its already been in court, and only a couple times has a contract been upheld, not once about trucking or driving.

    Many of the times the judge/referee has tossed the complaint out because you can't stop people from plying their skills to make money. I know of one case where there was a lawsuit filed against a worker who went to work for a competitor, the worker was not taking anything from the complaintant or had a special knowledge of some trade secret but wanted to advance. The worker counter-sued the former employer for damages, including the cost of the education to become certified and the future income. Both suits were dropped.

    There are only a very narrow set of circumstances where a N-C is used, but not in trucking, there isn't a thing in this industry that warrants the use of one.
     
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