Employee contract?

Discussion in 'Lawn Mowing' started by ProLandscapes, Sep 6, 2003.

  1. ProLandscapes

    ProLandscapes LawnSite Member
    Posts: 185

    Do any of you guys use employee contracts or agreements? I have been thinking about writing one up and making new employees sign it before work. If I did one up it would include things like this:

    -Employee Behavior Standards
    -Addressing Customers
    -Dress Code (Uniforms)
    -Equipment Use Standards
    -Equipment Safety Standards (must wear protection I give them)
    -Damage to equipment / property agreement (employee pays if it is found to be neglect or they didn't use common sense)
    -Vehicle Maintenance (Keeping trucks clean inside/out)
    -Non-Compete agreement (10 yrs. in my county)
    -Clause that states company in not liable for anyone who doesn't follow our standards and agreed practices.

    These are just things I thought up off the top of my head but I am sure there would be more later on. Do any of you use something like this? I am contemplating writing a draft and having my lawyer wright it up in a legal document. I have had problems with employees in the past and think that this would make employees take things a little more seriously. Also, I think that after all of the time and money I spend on training them that the non-compete clause would keep them from being competition in the near future. Any ideas or comments would be appreciated.

    Josh
     
  2. lawnman_scott

    lawnman_scott LawnSite Fanatic
    Posts: 7,547

    10 years no compete? I think news weathermen have 1 year. I would sign it for about $100 per hour, yes $100
     
  3. Turfdude

    Turfdude LawnSite Bronze Member
    Posts: 1,900

    I think that a better idea would be a standard personnel policy manual. A "no-compete" clause is more for professional services. I do see any laborer actually signing one of these. If you fired someone for not properly doing their job, would you really care if they then go to work for a competitor??
     
  4. Fantasy Lawns

    Fantasy Lawns LawnSite Bronze Member
    Posts: 1,913

    http://www.lectlaw.com/formb.htm

    http://search.officeupdate.microsoft.com/TemplateGallery/ct75.asp
    Employee handbooks are really a must ... nice above link for some templates

    Clause that states company in not liable for anyone who doesn't follow our standards and agreed practices. ==> this ain't gonna fly ... from the customer stand point

    Damage to equipment / property agreement (employee pays if it is found to be neglect or they didn't use common sense) ==> you'd have to take the employee to court for this one .... certainly can be a reason for termination

    We also have a short company history intro ...spell out holiday, hours, OT, payday, rain days, days off, etc.
     
  5. Team Gopher

    Team Gopher LawnSite Platinum Member
    from -
    Posts: 4,041

  6. Fantasy Lawns

    Fantasy Lawns LawnSite Bronze Member
    Posts: 1,913

    Here's ours for crew leaders or foreman .... don't really do it fore hourlys as "consideration" must be given (fore us it's a signing bonus) .... n it only really focus on confidental info of present customer base ..... can't really stop a guy for going on their own ... long as they don't try to go after what I have ;->

    Confidentiality of Information:

    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.

    Agreeing to these terms entitles the employee to a $25.00 signing bonus.
     
  7. Can only stop them from persuing you customer list, free country.

    Cannot deduct any monies from an employee paycheck, how you going to make them pay? Next thing you will hear is seeee ya.

    If they are on the clock, you are responsible.

    Contact a labor lawyer.
     
  8. proenterprises

    proenterprises LawnSite Silver Member
    Posts: 2,297

    I worked for an lco for a week as a temp. laborer. While working their the clown who was in charge backed in to me with the trailer while I was blowing a parking lot. Could not hear him (blower going) could not see him (was hit from the back) He was not looking and just slamed into me. I fell over and fractured my wrist from landing on it.

    :angry: :angry:

    He then proceeded to yell @ me and tell me that i shouldnt have been standing their (hmmmm excuse me for doing my job)

    I went to the hosp and sent him a bill for the xrays. This azzhole then called me and told me, it was my fault and i am not responsible for your stupidity. Needless to say, he was taken to small claims and paid....

    moral of the story---

    WHEN AN EMPLOYEE IS ON YOUR CLOCK, YOU ARE RESPONSIBLE FOR HIM/HER!

    They hit in face with rock=your problem
    They trip on trailer gate and fall=your problem
    They get sick because you dont give them ample water breaks=your problem
    A passing car whacks them because they are not properly marked while trimming a curb=your problem
    The are hit with the trailer while blowing:angry: =your problem, your problem, your problem

    get the point here.....................?
     
  9. ProLandscapes

    ProLandscapes LawnSite Member
    Posts: 185

    I believe each state is different and I asked all of you because I wanted to know what you were doing. I appreciate the helpful answers. I have had some moron employess that just do everything opposite from what you tell them. Obviously they don't last long and if for some reason they cause problems my insurance can handle just about everything. However, I am going to make all of them go through training and sign our employee contract. If they won't sign then they won't work for me. Of course I am going to have to consult my attorney and fine tune everything but it will cover my butt to some extent. At least I will have a record of what our employment agreement is.

    Lawngodfather, as for the non compete agreement. That means exactly what it says and is a very common agreement. An employee coming to my company would learn allot that they probably didn't come to my business with. I have already checked into the non compete portion and it's very enforceable in just about every aspect. However, I found out that ten years is way off the mark. The normal time frame is between one and five years. I will feel better knowing that most of my competition is armed with slighty less knowledge, skill and marketing technique than I. How do you think Microsoft became what it is today.

    Land Escape,
    Get over it man and start thinking about your company if you have one. Your a boss now and you must put the business interests over and above others to some extent.


    Josh
     
  10. Grassmechanic

    Grassmechanic LawnSite Silver Member
    Posts: 2,697

    Sounds like extortion.
     

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