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Anyone have any good Non-compete contracts

Discussion in 'Business Operations' started by nobagger, Jan 31, 2006.

  1. nobagger

    nobagger LawnSite Gold Member
    from Pa
    Posts: 3,065

    We just bought out another lawn care company today and I thought I had a non-compete letter in a program I have, but guess what? I don't. So I was wondering if anyone had one they have used and are willing to share.
  2. Fantasy Lawns

    Fantasy Lawns LawnSite Bronze Member
    Posts: 1,913

    This is what I give any foreman or crew leader ..... I sure you can re-word some of it ... I do know that one has to have some form of consideration, reasonable length of time and reasonable distance of travel from the home base .....

    Confidentiality of Information:

    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 5 miles of Fantasy Lawns Inc. mailing address.

    Agreeing to these terms entitles the employee to a $25.00 signing bonus.

    Employee Full Name:


    ____________________________ Signed on this Date: __________

    Fantasy Lawns Inc. Officer
  3. nobagger

    nobagger LawnSite Gold Member
    from Pa
    Posts: 3,065

    Thank's Steve, I just might use this and maybe tweek it a bit to suit my situation. I was sure there was a "law" that I needed to put in there. I really don't think it will ever be an issue but I'm covering my butt!
  4. Az Gardener

    Az Gardener LawnSite Gold Member
    Posts: 3,899

    You also need to attach a significant $ penalty for violating the agreement. something to go after when I mean if its violated.
  5. nobagger

    nobagger LawnSite Gold Member
    from Pa
    Posts: 3,065

    Yeah we have that in place, GOOD POINT:waving:
  6. MMLawn

    MMLawn LawnSite Gold Member
    Posts: 3,569

    Listen to me. Go to a LAWYER and get it drawn up! Do NOT depend on others and other states laws. Non-Competes are one of the most tricky and "beatable" legal documents that come into the courts. The wording and the restrictions are VERY important. One little slip there and the whole thing will be thrown out. I know this first hand because in another business I was a co-owner in we used one and so did the former owner. Ours was drawn up by an atty theirs by them using "legal software". We had an issue that went to civil court on their non compliance of our Non-Compete. We won and they lost but only because they had used a 2 year clause and our lawyer used a 1 year saying that no court in the land would agreed with a longer N-C based on the type of business. Spend the $200-$500 or so and get it done right.
  7. Az Gardener

    Az Gardener LawnSite Gold Member
    Posts: 3,899

    This is true but even with a good lawyer no guarantees really just a big stick in my opinion.
  8. Evergreenpros

    Evergreenpros LawnSite Bronze Member
    Posts: 1,155

    90% of the effectiveness of a non-compete is the threat of a lawsuit. I would get a lawyer if you think you need one. I think there are websites which you can download pre-made non-competes for a small fee.

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