Left Prime Inc during TNT because I wasn't being trained.

Coming from the IT world, non-compete clauses come up frequently. Depending on what state you reside non-competes may not be valid, California is one of them. If you live in California the Courts have ruled non-competes cannot be enforced. I signed one when I left my last employer, even they know it is not enforceable and will tell you it isn't. I am only prevented from taking any intellectual property, patents, and any trade secrets and using them in any companies outside the one I left. I doubt any of the driver's would have access to any intellectual property or patents held by the company they drive for, usually IP and Patents deal with a business process or inner workings that is specific to that company. They are usually closely guarded and you generally sign for it separately from any other contracts you may have.
Keep in mind if you are an O/O the customers of the company you left you cannot solicit for business, however if your new company or broker obtains the contract and dispatches you there, you can go there, you didn't solicit it, someone else did, moral of the story here is just don't give your list to your new broker.
The OP may want to check with a Labor Attorney in the State they live in, some will give you a consultation for free. I know there are states out there where non-competes are enforceable, that is why you need to check with counsel and see if your state is one of them.

EDIT: I need to put I am not an Attorney, nor should any advice given here be considered legal advice.

 

CRST in Fontana and elsewhere tries to bully drivers with that non-compete clause. Some drivers ignore that and move on with their career.
The OP hasn't been back on here after the one post.

 

Maybe he is reading, just not typing. Most do not know and just sign, and there are companies out there who will use it to keep employees from leaving. Most do not know, and employers are betting you either can't afford to seek counsel, or take their word for it. In most states before you sign anything you have the right to seek counsel to have them interpret what you are signing, or if you are not afforded the opportunity before signature, have 21 days after signing. Unfortunately most employers don't tell you tat either. I believe in Minnesota or Michigan it is 14 days, but most are 21. I always get a free 30 minute when I have to sign something, I hate legal jargon.

Disclaimer: I need to put I am not an Attorney, nor should any advice given here be considered legal advice.

 

You're right, most drivers don't read everything they sign at trucking companies and don't understand legalese.

 

And you wonder why they treat drivers like meat in the seat, because the majority act that way.

Don't want to sign an agreement or non compete? Pony up the cash and pay for your training up front.

Advocating someone willingly go into an agreement knowing full well they plan on breaking it is the same as promoting theft.

Disgusting where this country is going.

 

http://www.ccjdigital.com/court-blocks-jb-hunt-from-recruiting-certain-drivers/


This is why non compete clauses made it into trucking.

CRST sued JB Hunt and Werner for hiring students CRST still had under contract. CRST won their lawsuit.

Once again big corporations instead of growing by providing the best service grow using the courts and the government. And the driver gets left out in the cold with a 7k high interest loan.

 

I am familiar with this, as the case was referenced when Google and Apple were suing each other for recruiting the others workers. If you read it, it prevents JB Hunt's Recruiters from soliciting drivers of other carriers from recruiting. it does not prevent a driver from applying with JB Hunt, or any other carrier that is under contract. My last employer has a non-compete/non-recruit labor clause, which means I cannot go to work for a competitor and recruit my co-workers, which any company will try and prevent.

I am looking for employment, and I was amazed at how difficult it was getting some of them to send me a copy of their contract unless I was committed to working for them. If you are persistent they will send a copy, but it was like pulling teeth. There was one that refused stating it was only given to potential employees when I attended their school. That was a red flag, and I will not work there, ever. I am not sure I would travel to another state, no transportation other than to and from school (And maybe Wal-Mart), not being familiar with the area, sign a bunch of documents on the spot, and I am guessing if you refuse to sign them, or want to have it reviewed, they will send you home, but on your dime. Since most are told no more than $200 when you attend school, you don't have enough to buy the ticket you need.
Just because you are unemployed, or underemployed and looking to learn a skill, does not mean you should just do what they say. I think any of these companies would be hard pressed to defend how they get folks to sign on the line. Bottom line here is, if they will not send it to you before you commit, there are plenty of other companies out there that will.

Disclaimer: I need to put I am not an Attorney, nor should any advice given here be considered legal advice.

 

Here's what gets me about this one hit wonder. He obviously wasn't paying attention during any of the classes because if he had, he would have known to call the training department and his Fleet manager to explain what was going on so he could be put with a different Trainer. He should have been asking questions of his Trainer and even on here before he bailed. The trainers aren't mind readers. If there is an issue going on, let the trainer know. If you did and nothing changed, call dispatch and the training team, they'll help you work through the issues.

As for the no compete clause, yes prime just added one to there training agreement a couple months ago because they were getting sick of other companies poaching there drivers. Prime has one of the best and probably the most extensive company paid for training programs out there in the industry. They have a proven track record of turning out good safe drivers through the program. That's why other companies do try and recruit these new drivers before the year is up.

Prime gives the new drivers entering there program 14 days basically to opt out and leave if they don't like what they see without charge. They have all through the first week of orientation/training and then they have 7 days from the time they step foot in there first trainers truck to decide if they want to stay with the program or not. That's more than just about any other program out there.

So what it looks like is this one hit wonder wanted to get a free cdl so he could get a job someplace else to begin with and didn't read the part of his agreement that shows the new non compete clause and got bit in the butt when the employer he was trying to go to ran the background check on him.

Prime has a training program not because they turn over so many drivers a year, but because they belive in properly training a student in a one on one approach versus the cdl mills like crst uses and other companies, they are preparing a driver to be safe and knowledgeable out on the road the best they can.

 

Prime was one of the companies I contacted, asked for, and was sent a copy of the contract, no questions asked. Prime and Freymiller are on my shortlist. Both marketed their companies as they should, but also answered the hard questions, and supplied a copy of their contracts when asked as I wanted to review them before I committed. Both supplied them with ease.
If I were the trainee I would have brought my concerns up the food chain and try to resolve. Sometimes people just don't click, it happens, and being in the same small space 24/7 with someone you are not gelling with is miserable, for both. I also wonder why the trainer didn't address it, and anytime I have had a trainee assigned to me have always told them at the start, there is a chance we may not gel, and if they or I felt it was not working, we would discuss it and we would approach management and ask for a change. Trainers that have been around a while know when it isn't working. I have a feeling there is more to the story.
I am of the firm belief that if take the training, read and understand there is an obligation to stay for a period of time, choose to leave before your obligation is fulfilled, you should be prepared to get out your checkbook and pay off your balance. Nothing in life is free, or at least has not been in my lifetime. The other side is, some of these companies need to be a bit more transparent with their contracts, some actually expected me to show up and sign it, and would not provide one prior, red flag, walk from those.

 

I'm sure the OP did not set out to bail on Prime after getting his CDL. Rather he was not content with his employment situation and resigned. He had that right considering all employment is at-will. They could have just as easily fired him for whatever nonsense they could think of and he would still be on the hook for the tuition.