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Old 02-28-2014, 12:04 PM
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TPendagast TPendagast is offline
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Join Date: May 2008
Location: Wasilla, AK
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Quote:
Originally Posted by Locqus View Post
Agreed, this post is very very good. Tricky and tough but spot on with the steps to follow. One of the big things I had to realize when I started to step out, is that the reputation changes. The people doing the work are the ones that garner the reputation. When you step out, you have to instill that sense of pride in them. That it is there reputation now and that you just gave them a good starting point. I actually gave equity to my top two managers, to do this. My guys struggled a bit, as I thought they would with the new found freedom and responsibility, and we lost a couple accounts which were very good talking points and learning lessons moving forward. A big learning curve and you take a little hit when you move from step to step. You can't keep jumping in to save the day or you will go crazy and no one learns anything. Delegate to the right people. Ah the "right people" that should be it's own step.
I'm just going to throw in something I read from above.

It's called a 'non-compete' clause…. a non competence clause would mean you are expecting them to be incompetent.

Non-competes do not stand up in court in the employee-employer arena. You're basically saying he cannot work in his chosen field of work, except for you.
That's illegal.

It only stands up in partnerships and buy outs when large sums of money/compensation are changing hands.

Example: you own a hair salon, I buy said had salon. Non-compete says you can't open another hair salon in the metro area for 3 years…and I just paid you handsomely for this business. You read it, you saw the negotiation and the terms and had the opportunity to ask for more money or not sign it.

However, if I own the hair salon, and I hire you, I cannot have you sign a non-compete, that if you work for me you cannot A) go work for someone else or B) leave me and work for yourself. (Sherman Anti Trust Act 1890)
Federal Law allows this kind of competition.

However there is the Unfair Trade Practices Act/Unfair Business Practices … under which you could sue a former employee (and he doesn't need to sign or agree to it, it's an already set precedent)
In the above case, he works for your hair salon, sneaks into your office, steals the recipe for your secret hair relaxer and then goes out on his own and sells this "new hair relaxer"

But you can't sue him for simply going out, hanging a shingle and starting up as your competition… even if he ends up with some of your clients, because that's inevitable with any competition.

Non competes were all the rage in the late 90s early 2000s… until companies discovered they weren't worth the paper they were printed on when it became time to enforce them.

It's best for Landscapers to not practice Law, just as it's a bad idea for Lawyers to mow their own lawn.
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