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No compete agreement

Discussion in 'Business Operations' started by ipm, Jul 15, 2002.

  1. ipm

    ipm LawnSite Senior Member
    Posts: 264

    Does anybody out there happen to have a copy of a No-compete agreement. or maybe even a link to a site that has one. Thanks!
  2. LawnLad

    LawnLad LawnSite Senior Member
    Posts: 738

    The problem with blanket non-compete clauses is that one does not fit all. You might need a different one for the following:

    1) Entry level employees - use in your manual
    2) Foreman/supervisor non competes in your management agreements
    3) Subcontractor non-competes
    4) Selling/buying a business - non compete with owner
    5) Buy/sell agreement between partners

    ... I'm sure there are more situations - but those are a few

    Each non-compete clause will be different. Different states will deem certain elements of your clause to be reasonable or unreasonable. Such as the limitations the non-compete places on the person, such as geographical limitations, customer contact to existing or potential customers (define potential or existing customer) and time frames for how long the individual can not compete. What is the remedy should the individual violate the non-compete? Some states will only give you injunctive relief but not lost wages or income. If you make your non-compete to stringent... the whole thing can be thrown out as being unreasonable.

    Bottom line is that it is best to consult with an attorney who is familiar with your business, state law and how the law treats non-competes in your area.
  3. ipm

    ipm LawnSite Senior Member
    Posts: 264

    Thank you LawnLad. I was afraid of that. Just trying to keep costs down.
  4. Library.

    Make it up yourself and check it against what you find there.

    This way the "free" law books there you can use tou your benifit.

    May take several hours but definitly worth the time.

    Remember once they sign it becomes a binding contract.
  5. ipm

    ipm LawnSite Senior Member
    Posts: 264

    I might try to do that also. If I can find the time. Thanks
  6. B. Phagan

    B. Phagan LawnSite Member
    Posts: 95


    Lawn Lad is correct about everything. I do have a non-compete agreement made up by my Florida attorney........however, as LL stated, non-competes will vary by state.....you're GA, Florida may be different.

    However, if you'd like a copy of it, give me a fax # and I'll send it. At least you'll have a better idea of things to incorporate into your agreement.

    I'll be in Marietta on August 30 and 31 with my "Money Maker" Workshops and Green Industry Sales Pro Jubilee. You may find this info helpful as well for job estimating, employee issues, etc. E-mail me if you'd like add'l info.
  7. EagleLandscape

    EagleLandscape LawnSite Platinum Member
    Male, from Garland, Texas
    Posts: 4,347

    This is an old topic, but does anyone have a copy or draft I could use. I need to sub contract out some work, but I do want to protect my business from having my competitor take it away.
  8. mtdman

    mtdman LawnSite Gold Member
    Posts: 3,137

    As with all legal documents, go see a lawyer.

  9. tiedeman

    tiedeman LawnSite Fanatic
    from earth
    Posts: 8,745

    I have two types of no compete agreements...one for my employees and one for my sub-contractors.
  10. Team Gopher

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

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