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non compete contract

Discussion in 'Business Fundamentals' started by ERICS LAWN CARE, Nov 1, 2009.

  1. ERICS LAWN CARE

    ERICS LAWN CARE Member
    Messages: 65

    does anyone have an example of a non-compete contract for a potential sub contractor for plowing?
     
  2. Matson Snow

    Matson Snow PlowSite.com Addict
    Messages: 1,985

    SIMA.....Has some sub-contractor agreements..Might want to look into joining SIMA..They have alot to offer
     
  3. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Of course you need to join SIMA, I'll even let you use me as a referral and you can get a discount to for joining.(Grandview)
     
  4. Matson Snow

    Matson Snow PlowSite.com Addict
    Messages: 1,985

    LOL.....I have not been on plowsite that long..BUT i know if you talk about SIMA...Grandview is right around the corner...
     
  5. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    I have not seen you signing up yet!:waving:
     
  6. Matson Snow

    Matson Snow PlowSite.com Addict
    Messages: 1,985

    Already a member..
     
  7. TCLA

    TCLA 2000 Club Member
    Messages: 2,699

    ::::mmnmmmnmm.......beer!.......::::::

    :drinkup:
     
  8. ERICS LAWN CARE

    ERICS LAWN CARE Member
    Messages: 65

    she or he might have a search engine looking for the key word??
     
  9. bsuds

    bsuds Senior Member
    Messages: 192

    Non compete contracts seldom work and rarely hold up in court. They are very easy to wiggle around. All they will do is make someone think twice about taking your business. In a capitalistic society everybody has the right to build their own business. Non competes try to take that away from people, but usually fail. The best solution would be to get another truck and driver and don't sub your work out anymore.
     
  10. Bajak

    Bajak Senior Member
    Messages: 999

    Not so sure about that. Maybe true in this industry but I do know of a machine shop that sold to another and had a non compete for 5 years. The seller started up a year later under a new name, the buyer knew about it and let him away with it for a couple of years. With one year left to go the seller was served, went to court and the buyer was awarded 3.5 mill.:eek:










    hero.jpg

    hero.jpg
     
  11. bsuds

    bsuds Senior Member
    Messages: 192

    I said rarely hold up in court. Which implies that sometimes they do, which is where your example comes in to play. Like I said, they are most often used to prevent you from starting your business. But no one has the right to tell you you can't go into business. Either way if it makes you sleep better at night. Have him sign it, but don't think it is the end all and be all of noncompetitive enforcement documents.
     
  12. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Most non compete contracts are for professionals who develop intellectual things . Mostly like scientist who may work on a project for years at the company expense then jump ship after it was developed and try and sell it on their own. As for plowing I would never sign it.
     
  13. Grampa Plow

    Grampa Plow Senior Member
    from Midwest
    Messages: 274

    I bought a tanning salon/beauty salon and had the previous owner (seller) sign a non-compete clause. It was limited to 4 years and 25 miles. It was enforceable and we collected without any problem. HOWEVER, if you try to prevent someone from performing their livelyhood unresonably, you will loose. Talk to a lawyer abou how the judges have ruled in your area and be prepared to spend some $$ (a couple of hundred $$). Remember, a judge will not take a persons means of support away from them if they have only worked for you for a short period of time and used their equipment to do it.

    Hope that helps!
     
  14. show-n-go

    show-n-go Senior Member
    Messages: 776

    As a sub i wouldn't sign that. I work for a few company's every year. Of course i don't run around trying to steal there accounts either. If that what your worried about find a different sub.
     
  15. BigLou80

    BigLou80 Senior Member
    Messages: 558

    I was going to ask how they got around mitigation of damages, but I see your in canada so maybe its different there
     
  16. Silentroo

    Silentroo Senior Member
    Messages: 147

    BSDUS

    You are giving wrong advise.

    Any contract you sign is enforceable. May or may not be legal, however the courts can decied how to view the agreement.

    Second point, It can cost you 10's of thousands of dollars to prove your point.

    A non compete that is well written by a good attorney is great protections and should be a yearly agreement. As long as the employer is reasonable in their expectations it is great protections.

    I as a business also have rights, I should have the right to expect that an employee or sub is not bidding on my current work. or working for a competitor at the same time, and dose not take current customers with them when they leave.
     
  17. Grampa Plow

    Grampa Plow Senior Member
    from Midwest
    Messages: 274

    Do I hear an echo?? :dizzy:
     
  18. QuadPlower

    QuadPlower PlowSite.com Addict
    Messages: 1,056

    As a sub, I would never sign one.

    As an employer I have my workers sign one. I share information with them that has won me bids. Price is one item. If they leave on poor terms, I don't want them going to the next company and telling them my price for a job. That makes it too easy to take bids away from me.

    The non-compete is for one year in my county. After that, the prices change anyway.
     
  19. Mackman

    Mackman PlowSite.com Addict
    from S.E. PA
    Messages: 1,356

    That is your fault right there. I work for an excavating business and they will never tell anyone how much they get paid or what the bid to get a job. Or what they pay for anything. It is none of your workers business. So if you tell them and they run their mouths you did it to your self.
     
  20. Grampa Plow

    Grampa Plow Senior Member
    from Midwest
    Messages: 274

    Correct...why tell anyone? Makes no sense!!