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  #11  
Old 05-16-2013, 05:28 PM
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tonygreek tonygreek is offline
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Quote:
Originally Posted by fatz View Post
If the non-compete is written correctly and isn't overly broad in terms of scope, geographical area and time, it certainly can and would be enforced.
Mowing grass, while a profession, does not fall under the category of, say, chemical engineering . Now, if you have systems/methods in place that can be convincing enough to be considered IP, then have at it. A person's ability to earn a living will prevail over anything that is less than that, especially for a general skill/knowledge job.
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  #12  
Old 05-16-2013, 05:34 PM
mike ingles mike ingles is offline
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Quality will always win-out. Still, there is a percentage of clients that always shop price and allowing a competitor a foothold, allowing them to have their equipment seen in the neighborhood has got to give any small-businessman pause.
A non-compete is valid if it is not too restrictive. In other words, you can have someone sign a promise not to solicit business in a narrow area--say a section of town--but cannot restrict them from a total city, state.
Whether or not it would be worth the costs of litigation is difficult to know. Still, strictly from a practical point-of-view, a non-compete might be a decent insurance policy.
Do you think that asking employees, after they've been hired and on the job for a number of months, would cause ill-feelings?
Best-
Mike
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  #13  
Old 05-16-2013, 05:37 PM
mike ingles mike ingles is offline
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Tony,
Are you a Buckeye? I live in Columbus and my granddaughter just graduated last quarter.
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  #14  
Old 05-16-2013, 05:55 PM
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tonygreek tonygreek is offline
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Class of '95, living in UA.

I always enjoy the non-compete discussions mostly because I can't imagine anyone spending the money to keep a guy from mowing lawns. I've been under several, very firm, non-competes and am actually looking forward to reading my girlfriend's new one. She's highly specialized and will be under a market radius non-compete. The funny thing is that, somewhat flying in the face of my own argument, the only way she could live within 70 miles of Columbus to do what she does, she would have to violate the 24 month, post-separation agreement. At what point does that tip against her ability to survive?

As you point out, quality should be the differentiator. Price shoppers will always exist, but quality and professionalism tend to prevail.
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  #15  
Old 05-16-2013, 08:43 PM
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jrs.landscaping jrs.landscaping is online now
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Originally Posted by THEGOLDPRO View Post
I live by the professional courtesy rule myself, both my self and my brother worked for other landscapers prior to stating our own business, Neither of them tried to discourage us growing and doing our own thing. I believe if you have professional courtesy and don't step on each others toes it is fine. If someone calls me to bid a property and it happens to be a close friend of mines property i will decline kindly and say sorry i'm not interested, and vice versa.

There is plenty of work for everyone and no need to try and discourage/sign a non compete. That's just plain stupid.
I agree.....

I worked for another company in school from the same town as me, he is no longer in business but we never poached work from him. If an employee wants to leave best of luck there is more to being an LCO than mowing and trimming. The guys we have know this, they're honest and say "would I like to own a mowing company, yeah. Do I want the headaches NO." If they did leave I'd wish them luck and help them if they needed it.
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