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Non Compete Clause Document

Discussion in 'Pesticide & Herbicide Application' started by mrkosar, Jan 8, 2008.

  1. mrkosar

    mrkosar LawnSite Senior Member
    from Ohio
    Posts: 664

    Would anyone be kind enough to allow me to use their non compete clause as a base for mine, and then i will add my customized changes to it.

    Before anyone says they aren't worth a sh#t in court i don't care. I would rather my employee know what i'm about coming in when i hire them, so they have second thoughts or maybe this will deter them from entertaining the idea of starting up their own. I just was looking for a sample document I can have them sign. I don't want to start a debate about whether they are legit or not.
  2. humble1

    humble1 LawnSite Silver Member
    from MA
    Posts: 2,499

    debate,debate,debate blah blah blah
  3. Rayholio

    Rayholio LawnSite Bronze Member
    Posts: 1,461

    I dunno, I'd be very specific about forbing the misuse of customer information, and priceing.. i.e. sensative data.... if I were to have an emplioyee Non-compete, I would make it a seperate document that they sign after a few months (when they become valuable)

    That's my best guess.,.,
  4. A.T.A.K

    A.T.A.K LawnSite Senior Member
    Posts: 286

    My best advice pay a pest control attonery to draw one up. No matter what anyone on here says YES they do hold up if written correctly. I have had 2 of mine taken to court and won both of them. You can check with the NPMA to find an attorney which handles this. I would let you see mine but it cites all the FL laws which will do you know good.
  5. lawnservice

    lawnservice LawnSite Senior Member
    Posts: 589

    I agree with ATAK.
    Plus the fact that there is a fee. To share such info for free...and on the internet...not something I am comfortable with
  6. mrkosar

    mrkosar LawnSite Senior Member
    from Ohio
    Posts: 664

    don't see what the big deal is, but i respect that. my attorney told me i don't need him to have anything to do with that type of document. he was actually the one to suggest going on the internet to get someone else's and make changes that are specific to my business and what i expect out of the employees. by the way, this is an attorney who has been practicing law for 30 plus years and i've known since i was 4 years old so i don't think he was just saying that to avoid doing work or something.

    the only thing he said was make sure the stipulations in the clause are reasonable. for example, i can't say the employee can't work within 200 miles of the city i work in. or he has to wait 8 years to start his own lawn care company. what are the stipulations in your clause?

    so how is their a fee? i can just write up my own, but was hoping someone already had a basic one i could make changes to.
  7. bug-guy

    bug-guy LawnSite Senior Member
    Posts: 972

    google non compete agreements there are examples shown and for sale
  8. lawnservice

    lawnservice LawnSite Senior Member
    Posts: 589

    you're wanting to write up a legal document.

    you need to speak to another attorney, my opinion of course, you are free to do what makes you happy.

    cut and paste from a firm that specializes in Breaking non compete---There are many ways to render non-competes and related contracts unenforceable. Often, these documents are drafted inappropriately or over-broadly by inexperienced counsel or business owners and the result is a flimsy, questionable or outright unenforceable legal document.
    good luck
  9. mrkosar

    mrkosar LawnSite Senior Member
    from Ohio
    Posts: 664

    not exactly what i was looking for, but thanks fellas.
  10. John Zaprala

    John Zaprala LawnSite Senior Member
    Posts: 283

    FYI guys, our company had a Salesman break the non-compete and it does hold up in court, but they settled out of court.
    I recommend talking with another attorney as well, I'm a salesman/designer and the non-compete is part of my yearly compensation (contract). I won't go into details (I can't), but it basically says something along the lines of any misuse/mishandling of customer information, subcontracting leads to unauthorized vendors, misuse of company logo, invoices, etc., no "Moonlighting" in related fields or areas, and 2 years before I could start my own company.

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