Coerect me if I'm wrong, but you no longer have an Agreement with FDX and they can give out driver information to the new owner, can't they?
Not according to the lawyer I talked to, or anybody with business ethics. One of the biggest issues with FedEx is that you have to treat your drivers as your employees. FedEx makes them go on the computer and takes their information so they can approve them but that information is confidential. They can't go and swap contractors out and give out personal information from my employees to this incoming contractor. Just because the agreement is expired doesn't mean it is not an agreement. This is likely a violation of anti-trust laws, and based on how quick they put a stop to it and how they told this guy not to tell me anything, they know it. I'll let the arbitrator and the Pennsylvania Attorney General come to their own conclusions. Here is section 10 of the agreement.
10. CONFIDENTIAL INFORMATION
As used in this Agreement, "Confidential Information" will mean all information, in any form,
furnished or made available directly or indirectly by one Party to the other that is either marked
confidential or should reasonably be understood by the receiving Party to be confidential. The
term Confidential Information will include any non-public information about the other Party, the
other Party's business, the other Party's business prospects (including lists of current or potential customers), and any other non-public information provided to a Party by the other Party. Confidential Information does not include any information which a Party can demonstrate (1) was in the public domain or in the possession of the receiving Party at time of disclosure, (2) became part of the public domain after disclosure through no fault of the receiving Party, (3) was disclosed to the receiving Party by a third party that had a lawful right to disclose it, or (4) was independently developed by the receiving Party. Neither Party may use the Confidential
Information of the other Party, except as required for the purposes of this Agreement, nor
disclose the other Party's Confidential Information to a third party. Each Party shall use at least
the same degree of care it uses to avoid unauthorized disclosure of its own information, but in
any event at least reasonable care, to prevent disclosure to third parties. In the event of any
disclosure of, loss of, or inability to account for any Confidential Information of the furnishing
Party, the receiving Party will promptly notify the furnishing Party upon becoming aware of it and take such actions as may be necessary or reasonably requested by the furnishing Party to
minimize the violation and any damage resulting from it. Each Party agrees to provide the other with prompt notice of any discovery request or subpoena seeking Confidential Information of the other Party, and in no event shall provide less than one week's notice prior to responding to the discovery request or subpoena.