Non-Compete, Non-Solicitation, and Confidentiality Agreements

Your company has valuable information about its operations, rates, customers, and drivers that should be protected. Unfortunately, when employees or contractors are terminated, they can can do tremendous damage to your business by taking your valuable information with them. A well-drafted Confidentiality Agreement can allow you to obtain an immediate Temporary Restraining Order against a former employee or contractor who uses or discloses your confidential information, and can allow you to recover money for the damage to your business caused by the use or disclosure of your company’s confidential information.

While working for your company, employees and drivers meet your customers and meet other employees and drivers. After an employee or driver leaves your company for any reason, he or she should not be allowed to take your customers or drivers with them. A well-drafted Non-Solicitation Agreement protects the customers you have invested time and money into acquiring and protects the drivers you need to retain – especially during the driver shortage. A strong Non-Solicitation Agreement may allow you to obtain a Temporary Restraining Order to prevent a former employee or contractor from taking away your customers’ business, or trying to take away your customers’ business, and may allow you to recover some or all of your lost freight charges.

If one of your employees has so much access to your books or other information that allowing him/her to work for one of your competitors would significantly harm your company, you should consider using a Non-Compete Agreement. A well-drafted Non-Compete Agreement can be enforced in court and can protect your company from losing valuable information and training to your competitor across the street when the employee’s employment is terminated. This type of agreement is particularly important for managers and other personnel who receive substantial training and have access to a great deal of important and confidential information.

These agreements can be an extremely valuable investment to help protect and retain your drivers and customers but they should be drafted by an experienced trucking lawyer. We have extensive experience drafting and litigating these types of agreements, and we understand how your operations will impact the agreements you need. As always, please contact us if you have any questions.