Non Competition Agreements for Hauling Crude

Discussion in 'Tanker, Bulk and Dump Trucking Forum' started by texastearunner, May 1, 2012.

  1. texastearunner

    texastearunner Bobtail Member

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    Okay I have two job offers hauling crude. One has a non compete that I think is pretty rediculous. It basically limits me from working hauling crude or water for any company as a driver or as an O/O for a period of two years after seperation. It also states I can not compete directly or indirectly (I take this to mean as an O/O or employee) in Utah, Colorado, Texas, Wyoming, North Dakota or Montana. The company is based in Utah and I am driving in Texas.

    Has anyone ever heard of such an extensive non compete, is this typical in crude hauling?
     
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  3. cisco

    cisco Bobtail Member

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    What company is this?
     
  4. windsmith

    windsmith Road Train Member

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    I believe that non-competes are generally Un-enforceable. They'd have to sue, and a good attorney would counter that the non-compete clause is unconscionable.
     
    Last edited: May 1, 2012
  5. chalupa

    chalupa Road Train Member

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    Never heard of it in trucks......it's likely a stop gap measure to prevent you from jumping ship for a better deal.

    I'd say no......you don't have to sign if you're already working and if it's a condition of employment then no......

    Drivers are at a premium right now and they are trying to make their problem your problem. If they are so worried then they can pay more to retain you......

    JMO
     
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  6. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    I can see having a non-compete clause where intellectual property is at stake...but if you're just a driver, you aren't going to be taking any "trade secrets" with you, like you might as an engineer or anyone else in the research & development wing of any company.

    I sure as heck wouldn't sign any non-compete clause...especially not if I had alternative job offers which did not have the requirement. If they aren't paying me, they have no say in what I'm doing to earn a living. The day they stop paying me, I'm free to work for the highest bidder.
     
  7. Cheap Weenie

    Cheap Weenie Light Load Member

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    As windsmith said, non-competes are 99% worthless when it comes to actually enforcing them. Except for very specific situations (and a truck driver ain't one), odds are very good that it won't be a problem even if you break it.
     
  8. texastearunner

    texastearunner Bobtail Member

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    Thanks for the input folks.

    I am not going to name the company at this point as I am going to try and negotiate out some of the BS.

    I prefer this company over the other one for several reasons pay, location, cheaper RV space plus I found an RV space right on the river (wife loves it for weekend visits) versus the other company I will be in the middle of the Texas desert in dirt, I sat in on a company meeting and like there business model. However no company is worth a non compete for two years let alone all those states thats crazy. Plus I can't transfer into the other states they operate in I have to go through that offices hiring policies, So then why should I be held to non compete in those states?

    The problem isn't a court up holding it the problem is the old Non-Compete employer informing a new company that I am under a non compete and that they will be brought into a lawsuit. 95% of the time you get let go because the new employer wants no part of spending money on legal for a new hire.

    What floors me is that they even push this, and I really have a hard time believing drivers actually sign it or at the least don't negotiate some of the terms out of it. I have been under Non-Competes before when I was in upper management in construction just wasn't sure if this is normal for hauling crude.
     
  9. aiwiron

    aiwiron Road Train Member

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    I searched for Texas non compete law, you may want to do the same and read the findings.

    I signed one years ago, after two years resigned and they tossed it at me and said my new employer was competition and they would file a lawsuit. Which I told them to pack sand and see you in court, also infringing on my civil rights of lawful employment. Few letters from the old company and threatening me I went to a lawyer and showed her the letters. She responded to them and no more threats came after that.
     
  10. Cat sdp

    Cat sdp . .

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    Act like the big corporations, sign the deal and do what is best for you after. I think it's still a free country. You can work anywhere you want.
     
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  11. Gorgeous George

    Gorgeous George Light Load Member

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    I think when they say "Non-compete", they are talking about you walking away after learning the routine and starting up your own crude hauling company. But I could be wrong. Most "Non-compete" clauses are included in the contracts when one company sells out to another. They toss in the "non-compete" with usually a 5 year limitation on the time.

    If you are going to haul crude in West Texas, personally, I would suggest you check out Oxy Chemical, whom is hiring for the Midland/Odessa area, as well as Hobbs NM and Levelland TX or Sunoco Logistics, who are hiring just about state-wide. The other company I would suggest, if you don't want to work for a major, would be Permian Crude Transport out of Midland. They are hiring for not only the Midland / Odessa area, but for the "Eagle Ford" area as well. If you look at working the Eagle Ford, Dupre Logistics would be right there with Permian as a company to talk with.

    There are dozens of trucking companies hiring drivers to haul crude in Texas (as well as else where). Some like those I put down, treat you right. Then there are others that will use you, abuse you and when they are done with you, kick you in the butt. There are some that will short your pay and smile while they do it. Be aware of that.

    If the company, any company for that matter, does not meet the prevailing wage for the area as far as the current "Boom" is concerned, "Watch your back Jack" applies to them.
     
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