Owning your business (help)

Discussion in 'Business Operations' started by JCLawn and more, Nov 21, 2013.

  1. A. W. Landscapers  Inc.

    A. W. Landscapers Inc. LawnSite Bronze Member
    Posts: 1,287

    You need to set realistic expectations…The goals you set must be achievable.

    You can't set a goal of 10 lawns completed in one 8 hour day if the 10 lawns take an average of 1 hour each to complete. For each job/task you need to know approximately what can be achieved in a given amount of time. The only way to know this is to conduct time studies.
     
  2. A. W. Landscapers  Inc.

    A. W. Landscapers Inc. LawnSite Bronze Member
    Posts: 1,287

    Your step 7 is handled in my step 1 at the time the employee signs documentation that they have read and understood the terms and conditions of employment as outlined in the employee handbook.


     
  3. ztman

    ztman LawnSite Bronze Member
    Posts: 1,007

    AW, your first step said :
    First step is to remove yourself from all physical labor duties (your focus is on sales, job site management, accounting, business operations, executive management).

    IMO, The information you have boxed off above would not prevent a current employee from quitting and starting a competing business soliciting your clients or encouraging your other employees to work for him. Thelanguage may prevent an employee from taking an actual written client list but what you have written would not prevent an employee from using info he learned about your clients in dealing with them while in your employ.

    Read the language that you have again and see if that makes sense.
     
  4. TheLugNutZ

    TheLugNutZ LawnSite Senior Member
    Posts: 410

    You need something that specifies for a certain period of time they cannot contact your clients to solicit business to them.

    I sell insurance for an agency and have one with them for 1 year post employment.
    Posted via Mobile Device
     
  5. A. W. Landscapers  Inc.

    A. W. Landscapers Inc. LawnSite Bronze Member
    Posts: 1,287

    I live in America. If an employee wants to quit his job working for me and go into business for himself, he is free to do so and I will wish him luck in his endeavor. Likewise, my employees are free to leave their job at any time to go work for someone else if that is what they choose to do. If they choose to do so, I will wish them luck in their endeavor.

    No amount of legal wording printed on paper will prevent a person from stealing your clients or your proprietary information…We have written laws which state that murder is illegal and some places will even sentence a person to death if they are found guilty of this crime and it is a proven fact that laws and punishments will not prevent a person from committing these illegal acts.

    If an employee chooses to steal from my company, I will use the legal system to try to make things right.

    I will not continue to employ someone who wants to compete with my business nor will I help them compete. I will not try to prevent someone who is legally, morally and ethically attempting to establish a competitive business and if they do establish a competitive business, it only encourages me to make my company better than his so he is no longer considered my competition…That is the beauty of the free market.
     
  6. TheLugNutZ

    TheLugNutZ LawnSite Senior Member
    Posts: 410

    If they sign a non-competence you you can persue legal action if they solicit your clients. You may not WANT to do that, maybe it wouldn't make sense in regards to the cost of hiring an attorney, but at least it would be an option. Not only that but if someone knows they signed one they may not even try to contact your clients because of the possibility of being sued.

    If you have employees sign something already, why not just add that verbiage in?
    Posted via Mobile Device
     
  7. A. W. Landscapers  Inc.

    A. W. Landscapers Inc. LawnSite Bronze Member
    Posts: 1,287

    I've already covered the misuse of privileged and proprietary information (sees bolded text below).

    Why start off a work relationship with a new employee that basically tells the employee, "I don't trust you and I want to do everything possible to prevent you from reaching your full potential here and should you stop working for me I will try to prevent you from earning a living in this industry for an entire year"…Why start off a work relationship like that?

    Stealing a company's privileged and proprietary information is already against the law. Do you really need another piece of paper that says, "pretty please don't steal my clients so you can start your own business"?

    As I said before, "If an employee chooses to steal from my company, I will use the legal system to try to make things right" (if I feel it is warranted).

    If you want to go start your own business, go start your own business. If you want to try to earn my client's business, go right ahead…I won't make it easy for you.
     
  8. kemco

    kemco LawnSite Senior Member
    Posts: 731

    subscribed. Good thread, lots of good points and good advice in my opinion.
     
  9. cpllawncare

    cpllawncare LawnSite Silver Member
    Posts: 2,659

    Unfortunately, if you think law enforcement will get involved without some sort of legal document IE: non compete agreement, your woefully wrong. Been there done that. You damn right I'm going to protect what I've built up with a non compete agreement, it's smart business.
     
  10. Locqus

    Locqus LawnSite Senior Member
    from Detroit
    Posts: 708


    Agreed, this post is very very good. Tricky and tough but spot on with the steps to follow. One of the big things I had to realize when I started to step out, is that the reputation changes. The people doing the work are the ones that garner the reputation. When you step out, you have to instill that sense of pride in them. That it is there reputation now and that you just gave them a good starting point. I actually gave equity to my top two managers, to do this. My guys struggled a bit, as I thought they would with the new found freedom and responsibility, and we lost a couple accounts which were very good talking points and learning lessons moving forward. A big learning curve and you take a little hit when you move from step to step. You can't keep jumping in to save the day or you will go crazy and no one learns anything. Delegate to the right people. Ah the "right people" that should be it's own step.
     

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