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Non compete

Ruby

LawnSite Member
Location
Hastings
I work for a company and I sighed a non compete 4 years ago and now I want to go back on my own. What is the best way to get out of this? Any help would be great
 
OP
Ruby

Ruby

LawnSite Member
Location
Hastings
What exactly does it cover? I’m guessing it’s more of you can’t poach clients. There’s really no way they can stop you from quitting and running your own business.
It says I can't compete for 5 years or work for someone else in the business. There scared I'll take there work. I told them I don't want there accounts I can get my own. So hopefully they let it slide. They said if they let me do it other guys would do the same thing.
 
OP
Ruby

Ruby

LawnSite Member
Location
Hastings
Chances are that nothing will happen if you violate a non-compete clause. I've never let them stop me from doing what I want to.
I hear ya bud it's the only thing I know what to do. I've been mowing for 20 years now. I was on my own for 12 years then been with them for 4 years now and don't like it now I want to go back on my own
 

ShowCaseLawnCare

LawnSite Senior Member
Location
Fort Myers
It says I can't compete for 5 years or work for someone else in the business. There scared I'll take there work. I told them I don't want there accounts I can get my own. So hopefully they let it slide. They said if they let me do it other guys would do the same thing.
so wait one more year boom 5 years and the contract is over.
 

Freaky Fido

LawnSite Senior Member
Location
Northeast USA
I hear ya bud it's the only thing I know what to do. I've been mowing for 20 years now. I was on my own for 12 years then been with them for 4 years now and don't like it now I want to go back on my own
Courts don't like non-compete agreements. No court is going to uphold that you can't have a livelhood in your chosen field for 5 freaking years!

I say just go for it and make a point of making it on your own without going after your current employer's customers.
 

grass man 11

LawnSite Senior Member
Most non-compete are written as a scare tactic. Most over 2 years can’t be enforced. The only way they can is if you had access as a manager to high level knowledge of the company, not as a middle manager or field labor. And it has to be written with very specific details about what is and is not allowed. They can not prevent you from working in the same line of work with reasonable efforts. If they say “you can’t be a landscaper for anyone” , that’s not gonna f to fly in court. If they say you can’t work in “main town USA as a landscape serving residential accounts” That may hold up. They have to be specific and reasonable, you have to be allowed to earn an income. If their clauses are restricted enough to the point you can not earn an income, they won’t fly.

Starting a business can be viewed differently and a court is more likely to enforce that.
 

grass man 11

LawnSite Senior Member
The last thing a court will look at is the compensation for signing the agreement. If it was part of the terms of employment with no additional funds paid to you, odds are it’s going to be harder to enforce. Since they are asking for a 5year, Then the court will likely for a compensation of 5 years of average salary, or close to it. If you got paid that much to sign off, then it will stand in court. If you didn’t get paid to sign , odds are your fine
 


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