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Maverick
Maverick, Civil Trial and Appellate Lawyer
Category: California Employment Law
Satisfied Customers: 5767
Experience:  20 years of professional experience
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I was wondering if a trucking company can force me to

Customer Question

I was wondering if a trucking company can force me to complete a contract if I was injured while in the sleeper berth while my co-driver was driving. Is there a way to get released from a contract for having suffered an accident which was not my fault.
JA: What state is this in? And how old is the truck?
Customer: CA, the truck was a year old. The driver was negligent, had been taking prescription medication which he wasn't allowed to drive on.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: It is a 10-month contract.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I would like to know if I look for other work and I have signed their non-compete contract, which companies would be outside of the non-compete...Companies that don't compete for freight or similar accounts?
Submitted: 19 days ago.
Category: California Employment Law
Expert:  Phillips Esq. replied 19 days ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 19 days ago.

I am sorry, but I am having difficulty understanding your post.

Kindly review, edit, properly identify the parties and your issues, ask specific question(s), and resubmit.

Thank you for your cooperation,

Customer: replied 17 days ago.
I am interested in understanding how the non-compete contracts work in the trucking industry for companies like CRST in California. Do they barr a driver from working for other companies that are direct competitors such as companies that carry similar freight for the same customers or do they extend farther to the operation of trucks in any type of industry?I was driving in a team driving operation and my co-driver, through negligence, crashed the truck while I was asleep in the sleeper berth and I was injured and put on workers comp. I am now looking other job opportunities where I don't have to put myself at risk of this happening again, but still have a few months of time left on my contract. The company is apparently charging me for not completing the full contract, even though they hurt me (their driver did) through negligence, and now I will not be able to sleep in a truck while its moving. Do I have grounds to fight this contract?
Expert:  Phillips Esq. replied 16 days ago.

Thank you for the information. However, I will opt out in favor of another Attorney.

Best wishes,

Expert:  Maverick replied 16 days ago.

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 16 days ago.

Generally, in California, restraints on trade applied through non-compete agreements are illegal and void for employees and independent contractors.

Contract impossibility may serve as a defense for your having to complete the contract. Impossibility is when the duties and contractual obligations of one party cannot be fulfilled under normal circumstances such as a key performer gets injured with no one to replace them. Also, you may be able to argue that any breach of contract damages the company seeks against you should be offset through a negligence claim against its employee and the company through the doctrine of respondeat superior.

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