Employee contract?

[ProLandscapes]

Do any of you guys use employee contracts or agreements? I have been thinking about writing one up and making new employees sign it before work. If I did one up it would include things like this:

-Employee Behavior Standards
-Addressing Customers
-Dress Code (Uniforms)
-Equipment Use Standards
-Equipment Safety Standards (must wear protection I give them)
-Damage to equipment / property agreement (employee pays if it is found to be neglect or they didn't use common sense)
-Vehicle Maintenance (Keeping trucks clean inside/out)
-Non-Compete agreement (10 yrs. in my county)
-Clause that states company in not liable for anyone who doesn't follow our standards and agreed practices.

These are just things I thought up off the top of my head but I am sure there would be more later on. Do any of you use something like this? I am contemplating writing a draft and having my lawyer wright it up in a legal document. I have had problems with employees in the past and think that this would make employees take things a little more seriously. Also, I think that after all of the time and money I spend on training them that the non-compete clause would keep them from being competition in the near future. Any ideas or comments would be appreciated.

Josh

[lawnman_scott]

10 years no compete? I think news weathermen have 1 year. I would sign it for about $100 per hour, yes $100

[Turfdude]

I think that a better idea would be a standard personnel policy manual. A "no-compete" clause is more for professional services. I do see any laborer actually signing one of these. If you fired someone for not properly doing their job, would you really care if they then go to work for a competitor??

[Fantasy Lawns]

http://www.lectlaw.com/formb.htm

http://search.officeupdate.microsoft.com/TemplateGallery/ct75.asp
Employee handbooks are really a must ... nice above link for some templates

Clause that states company in not liable for anyone who doesn't follow our standards and agreed practices. ==> this ain't gonna fly ... from the customer stand point

Damage to equipment / property agreement (employee pays if it is found to be neglect or they didn't use common sense) ==> you'd have to take the employee to court for this one .... certainly can be a reason for termination

We also have a short company history intro ...spell out holiday, hours, OT, payday, rain days, days off, etc.

[Team Gopher]

Here are some interesting links.

Tips & Techniques: Are Non-Compete Clauses Enforceable? (http://www.prsa.org/_Resources/resources/ncClauses.asp?ident=rsrc3)

Sample employee agreements.

EMPLOYEE NON-COMPETE AGREEMENT Example 1 (http://www.alllaw.com/forms/employment/employee_non-compete/)

EMPLOYEE NON-COMPETE AGREEMENT Example 2 (http://www.ilrg.com/forms/nocompet.html)

[Fantasy Lawns]

Here's ours for crew leaders or foreman .... don't really do it fore hourlys as "consideration" must be given (fore us it's a signing bonus) .... n it only really focus on confidental info of present customer base ..... can't really stop a guy for going on their own ... long as they don't try to go after what I have ;->

Confidentiality of Information:

COVENANT NOT TO COMPETE:
FLA. STAT. § 542.335

In consideration of my being employed by Fantasy Lawns Inc., yet not necessary for employment, in recognition of the value of the corporate name, reputation, and good will of Fantasy Lawns Inc., and the value of the training and operating methods and techniques of the Company understanding & signing of this Restrictive Covenant.

I the undersigned, hereby agree that if such employment is terminated for any cause, employee shall not, for a period of 12 months thereafter engage either directly or indirectly as a principal, alone or in association with others: in the Confidentiality of Information or Solicitation of or in contracting with, existing customers of the company as specifically shown and listed hereto attached, similar services provided such customers by the company, within 10 miles of Fantasy Lawns Inc. mailing address.

Agreeing to these terms entitles the employee to a $25.00 signing bonus.

[LAWNGODFATHER]

-Non-Compete agreement (10 yrs. in my county)
Can only stop them from persuing you customer list, free country.

Damage to equipment / property agreement (employee pays if it is found to be neglect or they didn't use common sense) Cannot deduct any monies from an employee paycheck, how you going to make them pay? Next thing you will hear is seeee ya.

-Clause that states company in not liable for anyone who doesn't follow our standards and agreed practices.If they are on the clock, you are responsible.

Contact a labor lawyer.

[proenterprises]

I worked for an lco for a week as a temp. laborer. While working their the clown who was in charge backed in to me with the trailer while I was blowing a parking lot. Could not hear him (blower going) could not see him (was hit from the back) He was not looking and just slamed into me. I fell over and fractured my wrist from landing on it.

:angry: :angry:

He then proceeded to yell @ me and tell me that i shouldnt have been standing their (hmmmm excuse me for doing my job)

I went to the hosp and sent him a bill for the xrays. This azzhole then called me and told me, it was my fault and i am not responsible for your stupidity. Needless to say, he was taken to small claims and paid....

moral of the story---

WHEN AN EMPLOYEE IS ON YOUR CLOCK, YOU ARE RESPONSIBLE FOR HIM/HER!

They hit in face with rock=your problem
They trip on trailer gate and fall=your problem
They get sick because you dont give them ample water breaks=your problem
A passing car whacks them because they are not properly marked while trimming a curb=your problem
The are hit with the trailer while blowing:angry: =your problem, your problem, your problem

get the point here.....................?

[ProLandscapes]

I believe each state is different and I asked all of you because I wanted to know what you were doing. I appreciate the helpful answers. I have had some moron employess that just do everything opposite from what you tell them. Obviously they don't last long and if for some reason they cause problems my insurance can handle just about everything. However, I am going to make all of them go through training and sign our employee contract. If they won't sign then they won't work for me. Of course I am going to have to consult my attorney and fine tune everything but it will cover my butt to some extent. At least I will have a record of what our employment agreement is.

Lawngodfather, as for the non compete agreement. That means exactly what it says and is a very common agreement. An employee coming to my company would learn allot that they probably didn't come to my business with. I have already checked into the non compete portion and it's very enforceable in just about every aspect. However, I found out that ten years is way off the mark. The normal time frame is between one and five years. I will feel better knowing that most of my competition is armed with slighty less knowledge, skill and marketing technique than I. How do you think Microsoft became what it is today.

Land Escape,
Get over it man and start thinking about your company if you have one. Your a boss now and you must put the business interests over and above others to some extent.


Josh

[Grassmechanic]

Originally posted by Fantasy Lawns

Agreeing to these terms entitles the employee to a $25.00 signing bonus. Sounds like extortion.

[Fantasy Lawns]

extortion ==> The act of extorting; the act or practice of wresting anything from a person by force, by threats, or by any undue exercise of power; undue exaction; overcharge.

2. (Law) The offense committed by an officer who corruptly claims and takes, as his fee, money, or other thing of value, that is not due, or more than is due, or before it is due.

3. That which is extorted or exacted by force.

Fore the non-compete to be enforceable ....consideration MUST be offered ==> they do not have to sign the form to recieve employment <== but they will also not recieve the condsideration ....the value can be $$, the title of the job or even a promotion

Courts don't care fore restrictions placed by employers on the employees' right to find and make a living ....even if you sign the agreement ... it CAN NOT restrict you from leaving me n opening your own or working for another ...you just can't use info from my company to help yourself to my customer list

The courts will enforce non-competition agreements if ==>

"the employer proves that it has a legitimate business interest to protect by restricting its employees' right to compete against it

the restriction on the employee's right to compete is no greater than that necessary to protect the employer's business interest

and the covenant not to compete is supported by consideration, meaning that the employee received something in exchange for it. "

[RichmondR]

Prolandscapes --

My very first post, so please be gentle... I thought I would try to add something before I start posting questions.

I used to practice law in this area and I work next to a guy who does employee agreement work 50% of the time. I'm not trying to give you legal advice, but some very practical advice about employee agreements and non-competes:

1. If you decide to have an employee agreement, remember that they can be interpreted to be a two-edged sword, so to speak. If you have an agreement, that generally obligates you to do things as well. As an example only, lets say the employee does all of the stuff you mention in your original post perfectly -- does that mean he/she is entitled to a job? I'm sure you dont mean that, but you have to be very careful -- if you would ever actually go to court over the issue, many courts would interpret any vagaries in the form against you.

2. A very common approach to this problem is to have an employee "manual" that the employee is expected to follow -- this can be both a teaching tool for the employee (ie, how you expect them to behave) as well as something you can point to in the event you have a problem. Its important to include a statement in the manual that the manual is not intended as an agreement and that you are free to modify the content at any time.

3. The non-compete issue is a very sticky one -- if your lawyer is telling you they are enforceable, I'm sure that's right. My simple suggestion here is to ask what are you ultimately trying to accomplish. If you can succesfully keep someone out of your market for, lets say, a year, wouldn't that have the desired effect of you keeping your business? I dont know, but that's the right inquiry. If there's a legitimate business rationale, that's the rationale that will most likely hold up in court, particularly if your agreement language reflects that.

Hope this helps.
Rich