Register free!
Search
 
     

Click for Weather
Reply
 
Thread Tools Display Modes
  #1  
Old 12-03-2013, 11:29 AM
dnc19694339 dnc19694339 is offline
LawnSite Member
 
Join Date: Jan 2009
Posts: 208
no compete?

friend of mine just got fired from Lawn Medic. He signed a non compete agreement like 10 yrs ago when he started. He wants me to hire him and pursue his customer base. He is not interested in his own business.

Business wise I am all for it. He personally services about 600 customers and he has all customer info on them.

Being that he is a friend, I am more concerned with him getting sued if we do this?
I assume that I cant get sued for this?

Should I do this?
Reply With Quote
  #2  
Old 12-03-2013, 02:39 PM
eggy eggy is online now
LawnSite Senior Member
 
Join Date: Mar 2000
Location: Seymour Indiana
Posts: 753
I don't believe you could get sued but they might come after him if they see a lot of the customer base go with him. I had to sign a year no compete at one employer many years ago and well..... I waited a year after I left them. However I have heard it ruled in the employees favor, as it is their trade
Posted via Mobile Device
Reply With Quote
  #3  
Old 12-03-2013, 02:57 PM
TheLugNutZ TheLugNutZ is offline
LawnSite Senior Member
 
Join Date: Sep 2013
Location: Howell, NJ
Posts: 348
You can get sued too. **** anyone CAN get sued. Doesn't mean you will lose in court but you will waste time and money defending yourself.
Posted via Mobile Device
Reply With Quote
  #4  
Old 12-03-2013, 03:18 PM
inzane's Avatar
inzane inzane is online now
LawnSite Bronze Member
 
Join Date: Jan 2012
Location: Dallas, GA
Posts: 1,529
so what happens when or if things go wrong with this guy, then he bails and wants to go after your customer base? I just wouldn't go after customers in this way, but thats just me..
Reply With Quote
  #5  
Old 12-03-2013, 03:36 PM
eggy eggy is online now
LawnSite Senior Member
 
Join Date: Mar 2000
Location: Seymour Indiana
Posts: 753
Unfortunately you take that risk when you hire someone in any industry. I have always beloved the key is trying to keep your employees happy and in the loop , not always possible however.

Last edited by eggy; 12-03-2013 at 03:40 PM.
Reply With Quote
  #6  
Old 12-03-2013, 04:38 PM
georgialawn88 georgialawn88 is offline
LawnSite Senior Member
 
Join Date: Apr 2012
Location: atlanta georgia
Posts: 888
so hold on.... youre gonna go in business with this guy that got fired from another company that wants to screw them over and take their customers. Whatcha gonna do in a yr when he does this to you? I would run far far away
Reply With Quote
  #7  
Old 12-03-2013, 05:37 PM
dnc19694339 dnc19694339 is offline
LawnSite Member
 
Join Date: Jan 2009
Posts: 208
He will be an employee, not a business partner.

Im not sure the exact reasons they are firing him but he is a close friend that I work out with several days per week at the gym. He has been there over 10 years, he said they said something about not following up on estimates.

I had him doing some of my spraying this summer on his day off but he was driving my truck and using my equipment. They somehow found out he was working part time for me and they made him stop immediately, which he did. That was back in July. He was going through a divorce and needed the extra money so I thought I would help him out by giving him the work.

He was responsible for estimates, contracts and performing the work at lawn medic. Pretty much everything except billing.

Hes not the type of guy to have his own business. I would not be worried about him taking my customers, besides I only sprayed about 50 lawns this year not much to steal.
Reply With Quote
  #8  
Old 12-03-2013, 06:55 PM
foreplease's Avatar
foreplease foreplease is offline
LawnSite Bronze Member
 
Join Date: May 2008
Location: St. Joseph, MI
Posts: 1,161
He was made to sign the non-compete for this very reason. Attempting to take the other company's customers by using information he gained while they were paying him is wrong, or certainly not harmless/victimless. You need to decide how you feel about that.

I would have considered firing him in July if there was any way possible I could have got the work done without him.

Chances are the non-compete agreement is a little more pliable if his leaving was their decision rather than his.
__________________
Michigan PABL
Reply With Quote
  #9  
Old 12-03-2013, 07:18 PM
gebby gebby is offline
LawnSite Senior Member
 
Join Date: Nov 2009
Location: COLUMBUS, OHIO
Posts: 612
Sounds like a cluster to me. A well paid lawyer should be able to figure this out. I'd say it depends on the language and the State Laws. He in effect broke the NO COMPETE Agreement when he went to work for you. The company he was working for probably waited to see how things worked out with him and was probably waiting on their well paid lawyer to get pack to them to guide them on their options as to what to do with him. At the least if I were him I would ask for a copy of the agreement. If I were you and were considering to hire him, I would want to see it. Your risk is great with little return, friend or no friend. If there is a suit, you can also be called in as a defendant, not saying they could get you but they could drag you down for a very long time. That is when your well paid lawyer comes in to play. Is it worth it to you? How much are you willing to pull out of your pocket? The burden is on him, not you. That is where I would leave it.
Reply With Quote
  #10  
Old 12-03-2013, 07:41 PM
Middle Tennessee Lawn Middle Tennessee Lawn is offline
LawnSite Member
 
Join Date: Nov 2013
Location: Nashville
Posts: 221
Just not good business!
Posted via Mobile Device
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.comô - Moose River Media
All times are GMT -4. The time now is 06:56 PM.

Page generated in 0.07567 seconds with 9 queries