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Non Compete Form

Discussion in 'Business Operations' started by Barrett Landscaping, Jan 11, 2013.

  1. Barrett Landscaping

    Barrett Landscaping LawnSite Bronze Member
    Posts: 1,603

    Looking to see what others have used and or included in their non-compete forms for employees.
  2. grandview (2006)

    grandview (2006) LawnSite Gold Member
    Posts: 3,466

  3. Barrett Landscaping

    Barrett Landscaping LawnSite Bronze Member
    Posts: 1,603

    So you have legal protection against employees potentially stealing your clients if they do work on the side
  4. CNYScapes

    CNYScapes LawnSite Senior Member
    Posts: 916

    I dont know anyone that does that. its not a common practice in this industry. So to answer your question I dont have any input on one. Good Luck though
  5. Barrett Landscaping

    Barrett Landscaping LawnSite Bronze Member
    Posts: 1,603

    around here ive heard of companies doing it... must be a midwest thing
  6. tonygreek

    tonygreek LawnSite Gold Member
    Posts: 3,439

    I'd guess that Grandview knows what it is, but is actually asking "Okay, but why do you actually need one?", which is the same question I have.

    Since Ohio is an at-will state, you can easily terminate them. In addition to firing them, do you also want to sue them for doing side work or prevent them from working in your industry and region for a set period after they leave your company? For a laborer?

    If you want it more as a dissuasive scare tactic, draw up what you want and have it part of their employment agreement. If you want it enforceable, have your favorite local labor attorney draw one up for you, just be aware of the parameters and litmus tests that accompany them in Ohio. If you want to research it, Google "Ohio non-compete" or under the more precise "covenants not to compete".
  7. Barrett Landscaping

    Barrett Landscaping LawnSite Bronze Member
    Posts: 1,603

    thanks tonygreek. i do have a meeting with my attorney next week to discuss it. the reason that i am thinking about using it now rather than before is that i am hiring guys now that have previously run their own companies and i just dont want to have clients stolen from me if i can avoid it. i trust the guys but have always heard horror stories about employees doing work for clients on the side and or eventually taking them over.
  8. Efficiency

    Efficiency LawnSite Bronze Member
    from zone 6
    Posts: 1,551

    Pay for the agreement, pay to enforce it, etc. we do it too but it costs a fair amount for this sort of protection
  9. Green Finger

    Green Finger LawnSite Senior Member
    Posts: 839

    If you have someone in your office or doing your billing, you have them sign a non-complete clause. ( have them sign one when they have access to your customers) That way they can't contact your customers and underbid you. it's enforceable (Falls under intellectual property)

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