Register free!
Search
 
     

The Green Industry's Resource Center


Click for Weather
Reply
 
Thread Tools Display Modes
  #11  
Old 10-29-2001, 03:57 AM
Guido Guido is offline
LawnSite Silver Member
 
Join Date: Feb 2000
Location: North Las Vegas, Nevada
Posts: 2,085
Stephen.....

Awesome post, thanks for all the great info and YES I would love to see your contract and anyone else's for that matter. He wants to get some idea's together before e goes to the attorney for the final draft (save some $$)

On the rest of this, I agree with Stonehenge, but youhave to remember what kind of stunts people in Florida can pull and get away with!

Thanks for all the input guys, keep it coming!
Reply With Quote
  #12  
Old 10-29-2001, 04:48 PM
wallzwallz wallzwallz is online now
LawnSite Senior Member
 
Join Date: Jul 2001
Location: Cape Cod,MA
Posts: 361
I worked for a large company, making plastic . They made us sign a 2 yr no compete basically stating we couldn't work in plastics for 2 yrs. Another company opened up,paid more + everybody started going to work there. The no compete was useless, you can't stop someone from bettering themselves. The only thing it would have prevented was taking there customers.I believe a no compete would be a great deterrant(SP) but much harder to enforce. In court there's more ways for employee to get out of it.
Reply With Quote
  #13  
Old 10-29-2001, 05:28 PM
Guido Guido is offline
LawnSite Silver Member
 
Join Date: Feb 2000
Location: North Las Vegas, Nevada
Posts: 2,085
Maybe the topic took a left turn here.....

Quote:
Originally posted by Michael Wall
I worked for a large company, making plastic . They made us sign a 2 yr no compete basically stating we couldn't work in plastics for 2 yrs. Another company opened up,paid more + everybody started going to work there. The no compete was useless, you can't stop someone from bettering themselves. The only thing it would have prevented was taking there customers.I believe a no compete would be a great deterrant(SP) but much harder to enforce. In court there's more ways for employee to get out of it.
I understand he can't stop them from working for another landscape company, he was hoping it would float though if the guy decided he was going to start up on his own.

I believe your right about not holding up for stopping someone from working for someone else.

The thing is, once it's legal and enforcable that he can't start on his own and take your customer base or contacts, you need to be sure you keep him around (if you want him) and not let him go to another landscaper for work. Ya know what I'm saying?
Reply With Quote
  #14  
Old 10-29-2001, 05:43 PM
wallzwallz wallzwallz is online now
LawnSite Senior Member
 
Join Date: Jul 2001
Location: Cape Cod,MA
Posts: 361
Guido, I know it was a little off the mark, but it's my only personal experience w/ this subject. I still don't know if you could stop them from starting their own business, but it should hold up to protect your customer base, which is of value in itself. I think we need somebody w/ more legal knowledge than I.
Reply With Quote
  #15  
Old 10-29-2001, 05:47 PM
Guido Guido is offline
LawnSite Silver Member
 
Join Date: Feb 2000
Location: North Las Vegas, Nevada
Posts: 2,085
Mike, I was downing on you....

I just wanted to re state that the purpose was to stop the foreman from starting up on his own.

Thanks for all the input guys! I think we're getting somewhere!
Reply With Quote
  #16  
Old 10-29-2001, 07:21 PM
Ric's Avatar
Ric Ric is offline
LawnSite Fanatic
 
Join Date: Sep 2001
Location: S W Florida
Posts: 11,016
Contracts are made to be broken. Non-compete is one of the hardest to enforce. Your foreman can start his own business and steal every customer you have and get away with it. All he has to do is put the business in someones name other than his own. His father uncle or sister etc. His wifes name might be a hot point. Even if you sell your business and sign a non-compete you can beat it the same way. I had a lawer write one for me and had my employees sign. One of them went into business for himself but did not hit on my customers. My non-compete has a chanch of winning in court. I let it go. He is a jerk but at least he didn't hit on my customer, more power to him.

Ric
I can't spellll but 2+2=5
Reply With Quote
  #17  
Old 10-30-2001, 07:10 PM
Stephen Stephen is offline
LawnSite Member
 
Join Date: Jan 2000
Location: Sullivan County, NY
Posts: 81
Here is a copy of my non-compete agreement. If you guys see anything that is missing please feel free to discuss it, as it may save us all a headache or two in the future.

I tried to post this as an attatchment but it doesn't seem to be working so I am adding this onto my email.

Please not the names have been changed to protect the innocent. LOL

Stephen



NON- COMPETITION AGREEMENT BETWEEN
Mr. X d/b/a Mr. X Landscaping and
____________________________

THIS AGREEMENT, entered into between Mr. X Landscaping, with its
principal place of business located at 321 Mockingbird Lane, herein called the
“EMPLOYER”, and ___________________, residing at____________________, herein
after called the “EMPLOYEE”, this _____ day of _________, 2000.

WHEREAS, the employer is engaged in a lawn maintenance and snow removal
business which handles commercial and residential accounts in Sullivan, Orange,
Delaware and Ulster Counties, and;
WHEREAS, the employee is interested in becoming employed by the business
and;
WHEREAS, the employee acknowledges that in the disclosure of the information
which it receives from the business, as to the manner by which Mr. X Landscaping
conducts its business, its contacts, and its list of customers, both present and future, is
privileged information and that any disclosure of such privileged information by any
person or organization other than in the course of its business, with approval of Mr. X
would be highly detrimental and damaging to the business.;
NOW, THEREFORE, in consideration of the mutual promises, covenants
and conditions contained herein, the parties agree as follows:
____________agrees that during or after its relationship as more particularly set
forth herein, with Mr. X d/b/a Mr.X Landscaping, cannot directly or indirectly, use any
privileged information obtained from Mr.X for any purpose or disclose any information
to any person or organization not connected to Mr. X Landscaping, without the express
written consent of Mr. X for a period of five (5) years from the date of termination of its
relationship with Mr. X d/b/a Mr.X Landscaping.
Upon the termination of ____________________’s relationship with Mr.X
Landscaping, ________________ agrees to return any and all documents, records or
customer lists obtained from Mr.X, including any copies .
____________________ agrees while being employed by Mr.X d/b/a Mr.X
Landscaping and for a period of five (5) years from date of termination for any reason, he
shall not become employed by any other competing lawn maintenance or snow removal
business, including third party businesses. The geographical area covered by the
non-compete agreement shall be an area encompassing 100 mile radius from the principal
place of business of the employer, namely Anytown, New York, and must not fall within
the time period of five (5) years.
In the event that_____________________ shall breach this agreement, or in he
event that such breach appears to be in a imminent possibility, Mr. S shall be entitled to
legal and equitable remedies afforded to him by law as a result thereof, and may, in
addition to any and all other forms of relief, recover from________________all
reasonable costs and attorney’s fees encountered by it in seeking any such remedy,
whether or not suit is actually instituted.
This agreement shall be binding upon the parties hereto and upon their successors
and assigns.
This agreement shall be governed by all purposes by the law of, the State of New
York. If any provisions of this agreement are declared void, or otherwise unenforceable,
such provision shall be deemed to have been severed from this agreement, which shall
otherwise remain in full force and effect.
IN WITNESS WHEREOF, the parties executed the foregoing agreement on the
date first shown above.



______________________________ _____________________________
WITNESS Mr. X LANDSCAPING
BY: Mr. X


_____________________________
Reply With Quote
  #18  
Old 10-30-2001, 07:42 PM
bruces bruces is offline
LawnSite Senior Member
 
Join Date: Jun 2001
Location: Independence, MO
Posts: 648
Seems to have the major elements, but 5 years and 100 miles seems a little strong.

I'd get an attorney to look it over and finalize it.
Reply With Quote
  #19  
Old 10-30-2001, 07:54 PM
Fantasy Lawns's Avatar
Fantasy Lawns Fantasy Lawns is offline
LawnSite Bronze Member
 
Join Date: Jan 2001
Location: Space Coast
Posts: 1,915
Make sure that you will not base your decision to hire ....if they DON"T sign it ......that's illegal ...it's just a "barking' dog although ...the perception is a legal binding .... yet won't hold in court unless they steal jobs using privileged info ....time frame n distance have to be “reasonable” if not its a waste of time…..after all a person has the right to start their own thing or work elsewhere ……just can’t back stab using work methods n confidential privy info

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.


Employee Full Name:


___________________________
__________________
Steve

" Think I'll Come Back Here ....... From
Time to Time ...... Every Now n' Then

Fantasy Lawns. Com
Reply With Quote
  #20  
Old 10-31-2001, 05:27 PM
MRPLOW MRPLOW is offline
LawnSite Member
 
Join Date: Jan 2000
Posts: 88
Good luck trying to enforce any no compete clause. There is a slight possibility of it holding up, but more than likely your going to spend as much money in legal fees as the lost revenue. Also five years will never hold up, the judge may limit it to one year. Also 100 miles may be a stretch too. And if you fire them it will be hard very hard to enforce, you can't fire someone and then tell them they cannot get another job. Also if customers are listed in the phone book it might not be considered confidential information. To have any possibility to win in court your going to have to prove that the employee actively solicited the customer. Good luck. Huge companys have a hard time enofcing these things, and the only reason they try to enforce them is to set an example to other employees. I don't think that I would work for someone that tried to limit my employement for five years after I leave the company.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump





Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Copyright ©1998 - 2012, LawnSite.com™ - Moose River Media
All times are GMT -4. The time now is 06:41 AM.

Page generated in 0.12062 seconds with 7 queries