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Noncompete

fresh

New Member
Does anyone make their employees sign a noncompete? My husband had to when he started out in this business almost 20 years ago (he started at a franchise store, if it makes a difference.)

We are trying to expand a bit and we'd like to be more corporate with hiring. If you have a noncompete, would you mind sharing it with me?

Thanks for your help!
 

Gene@mpls

New Member
I don't think that you can enforce a non-compete now days unless you are a *very* specialized employee. Otherwise I don't believe a judge would ever rule that a person cannot make a living.
 

Gino

Premium Subscriber
You can have someone sign one as a scare tactic, but it's very hard to enforce one, if that is their only way of making a living. Any judge will tell you that. Any lawyer will tell you that. Your conscience will tell you that..... if they leave and you keep some guy or gal from feeding their kids and keeping clothes on the back, you'd be a real 1st class heel. Not soliciting your customers or using your name to gain respect in the community on their own, would be about the only things you could be a halt to.
 

d fleming

New Member
In Florida restraint of trade is illegal. You can enforce not soliciting existing customers that they serviced at time of employment and using your name but that's about it. Even if they take a customer or two all they need is a signed doc from customer saying they sought your ex employee out on their own not vice versa. Basically non competes are useless. IMHO
 

Andy D

Active Member
Only our outside salespeople.. If anyone tried to get me to sign one
for a production position, I would laugh in their face and walk out the door.
 

Andy D

Active Member
Off subject... It seems that I am not the only one that has had their default font switch to italic.. right? Or am I losing
my mind? I can't explain why but this bugs the crap out me....
 

fresh

New Member
thanks for the insight. the person we are considering hiring does some freelance sign work, and we were thinking we should have it in writing that he cannot solicit our customers or do work for our current customers without going through us. its not a big concern, but just something to consider as we try to expand.
 

Andy D

Active Member
thanks for the insight. the person we are considering hiring does some freelance sign work, and we were thinking we should have it in writing that he cannot solicit our customers or do work for our current customers without going through us. its not a big concern, but just something to consider as we try to expand.

I can see that being a concern...
 

stonetree

New Member
Just thought I might add some info on non compete. I have seen one broken and then because it was not done correctly and was no use, and i have seen the proper fix. The main issue is you must be paid to sign the non-compete and it must be "due consideration" or enough to justify signing it. I worked as a manager at the place where employees left the company and then using knowledge and contacts learned began direct competition. The company I worked for gave me, the production supervisor, and the Plant Manager $1000.00 each for a 3 year no compete if we left the company. The lawyer cautioned that the amount is subject to the discretion of the judge that would hear the case. Now fast forward 15 years and I am an owner that has absorbed other sign shops and have some employees that could leave and compete if they want to so I am deciding on the amount I will have to pay. The average I have heard is 1-2 weeks pay but this could go up or down with special abilities and sometimes cover a geographical area to stay out of for a specified time period, say 1-3 years. I say any entry level employee that wants to jump in don't worry about it, but if they have knowledge of suppliers etc. it needs to be done. One other thing is customer list by sales people which is covered by law without a non compete.
 
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