Non-comptete clause

Discussion in 'Business Operations' started by CBramble, May 24, 2006.

  1. CBramble

    CBramble LawnSite Member
    Posts: 66

    Quick question for those who have employees. When you hire them do you make them sign a non-compete clause? In this business especially, I think you'd be crazy not to. They work for your company for a year or two learn the trade then they start their own company and now are competing with you....
     
  2. Freddy_Kruger

    Freddy_Kruger LawnSite Bronze Member
    Posts: 1,064

    Thats BS!

    I would tell a potential employer to stick his job where the sun....

    I did sign one when I bought a franchise but I've never even heard of such a thing for a simply employee. I bet its not even legal up in canada.

    I've always had my side jobs while working for others right from teh time I was 15.
     
  3. CBramble

    CBramble LawnSite Member
    Posts: 66

    Its not BS if your the owner of the company and have worked your @ss off to get where you are at.
     
  4. fulano

    fulano LawnSite Senior Member
    Posts: 319

    I would do it(if I had a real lawn care business) but how are you going to collect money from an illegal mexican, drunk middle aged white guy who is on the verge of bankruptcy, college kid living on grants and loans or a teenager that is using you for a summer job?
     
  5. CBramble

    CBramble LawnSite Member
    Posts: 66

    OK? Do we even know what a non compete is? Apparently not...:hammerhead:

    I don't have time to explain...got work to do!
     
  6. Freddy_Kruger

    Freddy_Kruger LawnSite Bronze Member
    Posts: 1,064

    It is bs. Its none of your business what ppl do, being an LCO doesn't give you the right to restrict peoples freedom. They work for you What? they can't work in the field for anyone else or themselves?

    I'm guessing that since america is a free land that you can't enforce such a thing on an employee. I bet they can not only start their own business (even while working for you) but they can try and steal your customers and all you can to is fire them (plus whine and moan on a forum).

    It's like a line out of a corny movie, "you'll never work in this town again" lol.
     
  7. fulano

    fulano LawnSite Senior Member
    Posts: 319

    Is that aimed at me? Do you expect everyone who signs it to obey the contract? If they don't then see my above post.
     
  8. Freddy_Kruger

    Freddy_Kruger LawnSite Bronze Member
    Posts: 1,064

    It was aimed at you and I can't understand what you're talking about either lol.

    A non compete clause means that if you get a job and then you quit or get fired you cant work in the same field (field of work, now mexican vegitable pickers field) for a set time and it usually has a zone around the entire area where you live. They use it for franchise operators a lot. mine was for 2 or 3 years and 25 km radius of my city. But I have never heard of such a thing for a regular employee. Sounds like bs to me.
     
  9. dkeisala

    dkeisala LawnSite Senior Member
    Posts: 911

    My brother-in-law is a painter for a large firm in Oregon. He had to sign a non-compete clause when he got the job several years ago. He works relatively independantly and is the point guy for large, repeat commercial projects. The company he works for basically doesn't want their key people going out on their own and taking their customers with them.

    Nobody forces you to sign them, you have a choice in matter just like you have a choice whether or not you want the job. Don't want to sign one? Go work for someone else.

    Enforcement is another issue. The chances of an employee starting a large scale operation are about as close to zero as you can get. Chasing after a small scale operator would be both a waste of time and money. A non-compete clause would basically bar someone from taking your clients.
     
  10. fulano

    fulano LawnSite Senior Member
    Posts: 319

    So, you hire a college kid and have him sign a non-compete contract. That college kid goes out and mows a few lawns. You find out. What are you going to do? Sue him? Spend several hundred dollars on a lawyer to find out he doesn't have any money and won't be making any for another 5 years. My point is that just because you have a non-compete contract doesn't mean an employee or ex-employee isn't going to compete.
     

Share This Page