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RYS LAWNS
02-12-2012, 08:14 PM
Just found out that one of my employees on unemployment is going around to old custumers of ours and giving them cards with his name!!! We are in the off season and he is on unemployment.. Can i fire him in off season or?? He makes us a lot of $$ but thats besides the point>.......un real these idiots!!!!!!!!! Anyone have anything similiar happen?? What to do

turf hokie
02-12-2012, 09:57 PM
Get all the information you can. Biz cards, letterhead, estimates, something stating he is in business for himself.

Get all that info to the unemployment office. They will pull his unemployment and make him repay whatever they have paid him already.

Hopefully you have a non compete protecting your company from this....

I had this happen a few years ago. Learned to have non competes the hard way. Lost a few customers but it was worth having him have to repay the unemployment....I think he was more pissed about losing is unemployment than I was about him soliciting my customers.

GreenI.A.
02-12-2012, 11:01 PM
Exactly what I was going to say, here you can not collect if you are also trying to establish a new business

FoghornLeghorn
02-12-2012, 11:31 PM
Go over to his house and take a weedeater to his shins.

PlantscapeSolutions
02-13-2012, 12:56 AM
Evert state is different but here in Texas it is super easy to fire people. You can fire someone here and not even legally have to divulge the reason they were fired.

Most of our help here could not get unemployment because they lack a few required credentials. Years ago I had issues like your dealing with and finally I realized I was hiring the wrong type of people with poor work ethic.

EARTH5
02-14-2012, 09:47 AM
good thread ayone else have ideas... i would break legs, then he cant work!!!!!!!!!!!

grassman177
02-14-2012, 10:00 AM
Go over to his house and take a weedeater to his shins.

how about to his face instead:clapping:

Landrus2
02-14-2012, 10:05 AM
Yes this is happening all over the place.
If he is running a legit business. There is nothing you can do
Most likely his not thy rates will beat yours by 30%
That means you will lose customers. :weightlifter:

Ray_Lawns
02-14-2012, 11:02 AM
Down here you can fire for anything and at anytime, it's called the right to work act. Hitting that pocket will be biggest damage you can do but remeber he will probably get pissed and it may give him the fire to up his game and go after all your customers.

You said he is going after old customers.. Old as in used to be customers or old as in last year old?

Drive by his house one night and dump out a gallon or two of Pramitol on his lawn, that's always fun.

gusbuster
02-14-2012, 01:07 PM
Down here you can fire for anything and at anytime, it's called the right to work act.
Evert state is different but here in Texas it is super easy to fire people. You can fire someone here and not even legally have to divulge the reason they were fired.


I think there are a total of 34 states that have adapted the "right to work" act. However that has more to do with a Union membership than work.(whether you have to join an union in order to work for a union shop employer) The proper term is "AT Will" state. This is state that says where anybody can fire anybody who is not subject to collective bargaining or under contract. You don't have to give reason(you are foolish if you do) Believe it or not, California is an At Will state.

Let the person know that he no longer has a job with your company by letter. Just remember to not give him any excuses to suit you for unlawful termination.

Do tell unemployment what your former employee is doing.

You have every right to protect your business. However, that is another reason why you have signed contracts with new hires in the first place

John

Lefet
02-14-2012, 04:45 PM
Get all the information you can. Biz cards, letterhead, estimates, something stating he is in business for himself.

Get all that info to the unemployment office. They will pull his unemployment and make him repay whatever they have paid him already.

Hopefully you have a non compete protecting your company from this....

I had this happen a few years ago. Learned to have non competes the hard way. Lost a few customers but it was worth having him have to repay the unemployment....I think he was more pissed about losing is unemployment than I was about him soliciting my customers.


Can you elaborate on the wording on your non-compete clause?

Go over to his house and take a weedeater to his shins.

My thoughts exactlyl.

Down here you can fire for anything and at anytime, it's called the right to work act. Hitting that pocket will be biggest damage you can do but remeber he will probably get pissed and it may give him the fire to up his game and go after all your customers.

You said he is going after old customers.. Old as in used to be customers or old as in last year old?

Good question

Drive by his house one night and dump out a gallon or two of Pramitol on his lawn, that's always fun.

I think there are a total of 34 states that have adapted the "right to work" act. However that has more to do with a Union membership than work.(whether you have to join an union in order to work for a union shop employer) The proper term is "AT Will" state. This is state that says where anybody can fire anybody who is not subject to collective bargaining or under contract. You don't have to give reason(you are foolish if you do) Believe it or not, California is an At Will state.


Good information

Let the person know that he no longer has a job with your company by letter. Just remember to not give him any excuses to suit you for unlawful termination.

Do tell unemployment what your former employee is doing.
You have every right to protect your business. However, that is another reason why you have signed contracts with new hires in the first place

John


Me? I'd take 'em out back an shoot 'em!!!

turf hokie
02-14-2012, 05:15 PM
My non-compete is a couple pages. Basically it protects my employees and customers from a former employee soliciting them for a period of 2 years from the point of them not working for me. It also protects proprietary info they might have been privy to such as pricing.

It won't prevent them from working for someone else or themselves. That would not hold up in court, but it stops them from hurting me.

It is based on the brickman non compete I had when I worked there. And it holds up in court, I have been in the room when brickman had it upheld...

gusbuster
02-14-2012, 05:23 PM
Me? I'd take 'em out back an shoot 'em!!! Why do people think this is the proper thing to do.....the point is to make them miserable......to much of an easy out......the law my be slow, but it never forgets. Shooting them is quick and easy......tie them to a tree.....spread sugar water all over their body and then let the fire ants (very painful bites) do their work.......hearing the screams........PRICELESS!

Lefet
02-14-2012, 05:30 PM
Why do people think this is the proper thing to do.....the point is to make them miserable......to much of an easy out......the law my be slow, but it never forgets. Shooting them is quick and easy......tie them to a tree.....spread sugar water all over their body and then let the fire ants (very painful bites) do their work.......hearing the screams........PRICELESS!

OK!!! OK!!! YOU'RE RIGHT!!! I do much mean there should be as much pain and suffering as possible, what was I thinking?????????

Probably the easiest way out for ME, take em out back and shoot em!!!!!!!

But I digress, you are right, slow, painful, constant reminder, and if I could let it ooze to your childrens children, and your great, great, great grandchildrens in-laws.......

Lefet
02-14-2012, 05:31 PM
My non-compete is a couple pages. Basically it protects my employees and customers from a former employee soliciting them for a period of 2 years from the point of them not working for me. It also protects proprietary info they might have been privy to such as pricing.

It won't prevent them from working for someone else or themselves. That would not hold up in court, but it stops them from hurting me.

It is based on the brickman non compete I had when I worked there. And it holds up in court, I have been in the room when brickman had it upheld...

That sounds pretty extensive & elaborate, but I'm sure quite thorough.

clydebusa
02-14-2012, 05:32 PM
My non-compete is a couple pages. Basically it protects my employees and customers from a former employee soliciting them for a period of 2 years from the point of them not working for me. It also protects proprietary info they might have been privy to such as pricing.

It won't prevent them from working for someone else or themselves. That would not hold up in court, but it stops them from hurting me.

It is based on the brickman non compete I had when I worked there. And it holds up in court, I have been in the room when brickman had it upheld...

This is all true in Oklahoma. The only thing I would add is in Oklahoma if you fired then all bets are off. There is some law in place to give the one fired a chance to make provisions. So if you are fired you can seek employment anywhere and anyway you can.

Which I have had a few employees contact customers after they been fired. Usually get a call from the customer, I will state they where fired.

turf hokie
02-14-2012, 06:01 PM
This is all true in Oklahoma. The only thing I would add is in Oklahoma if you fired then all bets are off. There is some law in place to give the one fired a chance to make provisions. So if you are fired you can seek employment anywhere and anyway you can.

Which I have had a few employees contact customers after they been fired. Usually get a call from the customer, I will state they where fired.

That sucks, here they can seek work any where they want and any how they want as long as it does not harm me. Part of the non-compete states that it holds no matter the reason of seperation.

It is 4 pages total, not daunting at all when you consider the damage an employee can do with a customer list and pricing. Especially my business which is fert and squirt only, I invest in my employees more than most, training, licensing etc. It is a fine line between good employee and competetion. So I will make sure that I have my butt protected after learning my lesson when I was 1/2 the size I am now....

clydebusa
02-14-2012, 06:09 PM
That sucks, here they can seek work any where they want and any how they want as long as it does not harm me. Part of the non-compete states that it holds no matter the reason of seperation.

It is 4 pages total, not daunting at all when you consider the damage an employee can do with a customer list and pricing. Especially my business which is fert and squirt only, I invest in my employees more than most, training, licensing etc. It is a fine line between good employee and competetion. So I will make sure that I have my butt protected after learning my lesson when I was 1/2 the size I am now....

Man that is hard.

turf hokie
02-14-2012, 06:24 PM
Man that is hard.

I dont look at it that way. I am not preventing them from working any where or for any body, they can work for my competetion, does not bother me (well maybe a little). I just dont want them taking my customers or other employees with them.

Unless they are shady to begin with, there should not be any problem signing it. I have signed them when I worked for other companies without any hesitation....

doyles
02-14-2012, 08:56 PM
i was not going top get involved, but if he wants to run around behind your back and pull that sh** then i say turn him into unemployment.
because you now if the roll was reverst he would be pist at you and turn you in.
then again brake his f***ing knee caps so he cant work.

TurfWerks
02-14-2012, 11:17 PM
Is he making money from these customers? Or is he promoting his new business?? If he is promoting his new business I am willing to bet he wasn't coming back to work for you anyway. If he is making money off them or will be, turn him in to unemployment.

Do not competes are hard to uphold from what I am finding out. Not that they wont, but its all based on wording, Also it is true in most cases if you fire someone all bets are off with a non compete.

PK Mows
02-15-2012, 12:39 AM
In Tennessee, non-competes are very difficult to enforce, but, you should always have them in place anyway. I have all my contracts done up by a local Attorney, they're more than willing to send the nasty letters to whoever when you are a regular Customer, for a fee of course. (as an aside, that Attorney will also do collections on past-due accounts for a percentage that's a good bit less than someone you just hand over the account to) I'd absolutely report him to unemployment, of course getting them to do anything is like carrying horses to water, at least around here.

I like the weedeater to the face idea myself.

Mark Oomkes
02-15-2012, 09:53 AM
I think the turning him in part is a good first step.

Second would be confronting him, depending on his personality. If he's the "postal" type, this may not be a good idea.