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Discussion in 'Hardscaping' started by tthomass, Oct 14, 2007.

  1. tthomass

    tthomass LawnSite Gold Member
    from N. VA
    Posts: 3,497

    Anyone care to share the verbage they use? I've signed them in the past but can't begin to tell you the wording. One thing on my list of compiling an employee handbook.

    'Yo, no tak'n my cuztomers. Fo real!'......sorry, up late writing change orders because I have no life.

  2. paponte

    paponte LawnSite Silver Member
    Posts: 2,366

    I will look and post later. One the same topic, we also have a "non solicitation" clause in all of our contracts for our clients as well. Nothing like being covered on both ends.
  3. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Posts: 6,417

    No one axed me, but I'm gonna put in my two cents.

    These non-compete things are a waste.

    #1 - That is considered dictatorship. Any good court judge will tell you that.

    #2 - Ok, say I work for you. Say I instill competition. What are you going to do? Sue Me? LOL You can't get blood from a turnip!

    Do you realize what it would cost to litigate the matter? You don't just go to court on the initial date and walk out with a verdict. I'll run you dry. Continuance after continuance after continuance after continuance. I'll make that case drag on for at least 18 months, if not longer.

    Ok, then say judgement is for the plaintiff.

    Well, that does not mean you walk away from the courthouse with a check in hand from me. That just means that my record will show there is a judgement against me and it will show how much the judgement is for. I may NEVER pay you.

    Do you know that O.J. Simpson hasn't paid the Goldman family they money they were awarded?

    So you rack up 8 to 10 grand in attorney fees, judge awards you the case. Now you gotta pay your attorney fees, as I have NO intents of paying you, and if I do pay you it will not be within the next 5 years!

    MD State Police used to require that their troopers RESIDE in the state of Maryland. They even had the troopers sign papers agreeing to such. Then one trooper moved to PA, MSP tried to fire him. He fought it in court. Judge ruled in his favor. Said it was "dictatorship".


    Non-competes are good for companies like General Motors, Sony, Dell, Microsoft, John Deere, etc. Companies that are INVENTING and PATENTING things. This way if I design a new engine for GM, and I decide to go work for Toyota - I can't take my new engine design with me. This is where non-competes have merit.

    Non-competes have no value in this industry.

    Waste of time.

  4. Team-Green L&L

    Team-Green L&L LawnSite Bronze Member
    Posts: 1,776

    Non-compete agreements are completely enforceable for your current customers, but no intelligent landscaper will sign to a non-compete as a whole. Skilled tradesmen all have one goal...to work for themselves. I'll dig ours up and post it sometime today.
  5. tthomass

    tthomass LawnSite Gold Member
    from N. VA
    Posts: 3,497

    I didn't read all of the reply because I'm on my PDA.

    A non compete is to stop an employee from starting a business and directly going after my customers. I can not stop them from starting a business or working in my area but I can stop them from attacking my company's resources.

    Its a legality that will most likely never be taken to court but it is a legality......same reason we have contracts with customers we trust, its a legality and its protection.

    Details on a solicitation paponte?
  6. DVS Hardscaper

    DVS Hardscaper LawnSite Fanatic
    Posts: 6,417

    Folks - ANY agreement IS enforceable....as long as it's NOT challanged :)
  7. paponte

    paponte LawnSite Silver Member
    Posts: 2,366

    During and for one (1) year after the term of this Agreement, Customer will not solicit the employment of, or employ the Company's personnel, without the Company's prior written consent.

    Short, but gives the client the picture that my guys are not available for side work.

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