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Old 06-06-2003, 12:43 AM
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grass34man grass34man is offline
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No Competing Contracts

AFTER 10 YRS. OF BEING A LAWN TECH SLAVE ,IVE DECIDED TO GO IT ALONE . HAS ANYONE EVER HAD PROBLEM WITH NO COMPETE CONTRACTS WITH THERE PREVIOUS EMPLOYERS? SHOULD I START THE BUSINESS UNDER SOMEONE ELSE NAME? CAN THEY HOLD UP IN PA. , OR ARE THEY JUST SCARE TACTICS.
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Old 06-06-2003, 12:44 AM
LAWNGODFATHER LAWNGODFATHER is offline
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Contact your lawyer.
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Old 06-06-2003, 04:41 PM
Decali Decali is offline
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That is something that varies from state to state and probably from judge to judge as well. Just my opinion but I think that in this industry you would probably be OK. If you worked for a software company or another type of company that had proprietary products or knew trade secrets you may have some trouble. I just can't imagine a court preventing a little guy from trying to better himself by starting his own green industry business. That just doesn't make sense but then again, OJ Simpson walking the streets now doesn't make sense either so you never know. I would bet that your previous employer wouldn't try to hold you to it unless you tried to pirate their accounts. Once again, just my opinion. Contacting an attorney for his opinion would be the best.
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Old 06-06-2003, 05:08 PM
Lawn Tek Lawn Tek is offline
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Quote:
Originally posted by LAWNGODFATHER
Contact your lawyer.
Good Advice
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  #5  
Old 06-06-2003, 05:47 PM
rkk95 rkk95 is offline
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I would say that if you work in a different area that you would not have to worry about it, what do you guys think?
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Old 06-06-2003, 06:10 PM
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kickin sum grass kickin sum grass is offline
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read the contract. some say within x amount of miles.
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Old 06-06-2003, 07:00 PM
Turf Medic Turf Medic is offline
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TALK TO YOUR ATTORNEY

I had a friend a few years ago that had worked for a pest control company. He decided to start a company of his own, former boss knew of his intentions and said good luck. About 10 months into his new business the old boss took him to court with the no compete contract that he had signed years before and was able to collect a portion of the business' gross sales.

TALK TO YOUR ATTORNEY
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Old 06-06-2003, 07:04 PM
rkk95 rkk95 is offline
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turf medic, do you know if he was taking customers from the other company, or working in the same area?
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Old 06-06-2003, 08:06 PM
beck beck is offline
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As Turf Medic said.

If you go after their clients, more than likely they will enforce the no compete contract.

I have a worker that has his own business. I made him sign a no compete to protect my current clientele. Anything else is fair game.

As others have said a lot of No compete agreements also have a distance from which you must be to compete.

Play it safe, why risk a lawsuit.
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Old 06-07-2003, 12:04 AM
Decali Decali is offline
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Another thing to consider is the timing of the agreement. If you signed the agreement prior to and as a condition of employment, it may be a little easier for them to enforce. If it was put in front of you to sign after you had already been hired then you must be compensated by the employer for signing it. Without compensation there is no contract or agreement per se since there is no consideration on the employers part. I signed one on day 1 of employment at another company. What the hell are you going to do on your first day on the job, refuse to sign it? I had a crash course on Non Compete 101 when I left to start on my own. The attorney I talked to indicated that this was a very subjective legal area and something of a crapshoot.
Keep in mind that if you have to go to court to defend yourself the only one who will win is the attorney so best to know where you stand legally going in.
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