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Non compete is only 1 way

Discussion in 'Commercial Snow Removal' started by jimspro, Nov 13, 2011.

  1. jimspro

    jimspro Senior Member
    Messages: 200

    I hooked up with a large plow company a couple of years ago, as a sub. I had to sign a non compete agreement saying that i would not go after a company they gave me to plow. I didn't have a problem with that. Only about 20% of the jobs we do is with them. But this year it appears that I may be loosing an auto parts store that is a chain store to them.I have been doing them since they opened approx. 6 years ago for both plowing and lawn care. I am trying to see if they will give me the account, but they won't admit they are the company getting the contract for all the stores, and I know for a fact it is them. And I will be loosing the salting for them then if they do assign me it. What do you guy's think of this. The advantage of staying with the company as a sub is they pay a very good hourly rate and have not had any problem getting paid from them and it is done promptly.
     
  2. NickT

    NickT Senior Member
    Messages: 707

    I used to do 3 auto stores that are a national chain for 8 years or so, when they changed managers I lost all of them, not at the same time, but slowly, seems to be a constant thing for these stores, but anyway... I would honor your no compete agreement you said yourself they pay good. Good luck
     
  3. buckwheat_la

    buckwheat_la 2000 Club Member
    Messages: 2,254

    I would think that you could ask them to also do a "no compete" clause with you as well. Are you allowed to go after contracts of theirs that you do not service? If so, then go pursue some of their contracts.
     
  4. White Gardens

    White Gardens 2000 Club Member
    Messages: 2,665

    Now ethically, you should abide by the contract, and vise-versa.

    On the flip-side, after talking to a lawyer on the subject, 90% of the time non-compete clauses don't hold up in court because the original draftee of the contract can't keep a person from making their financial situation better. Hope that makes sense.

    .....
     
  5. cubicinches

    cubicinches PlowSite.com Addict
    Messages: 1,412

    That's correct. Rarely are they enforceable.

    Doesn't mean you wouldn't get dragged into court over it though.
     
  6. coldcoffee

    coldcoffee Senior Member
    Messages: 776

    I think you have to always look at the "big picture" before you enter into one of these type of agreements. The problem with conducting business in this matter is that you are willfully surrendering your rights, whether it's enforceable or not. While the deal might meet your needs today, the truth is they are becoming empowered every time someone accepts the terms of "their agreement." In today's courts... he who spends the most money on the case wins. This is exactly how we have developed a corporatized government, resulting in loss of jobs which have been exported, stimulating inflation and causing a credit crisis. This industry will be no different. Weather it's the company you do business with today, or the bigger corp that buys up all of these so called nationals, they will eventually control the market through compliance.

    As long as there are enough participants to do "their bidding", they will have no problem with acquiring future contracts, as it will become the norm. Virtually just about anything that matters on this globe pertaining to resources (salt) or that has to do with sustaining life has been infiltrated by these goons, why should this industry be any different?

    Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety - Ben Franklin (just something to think about)
     
  7. mike thunder

    mike thunder Senior Member
    Messages: 110

    You agreed to not go after the work they assigned you, they didn't agree to do the same. Besides, it's not as if you hired them as a sub for the place, then they weaseled there way in, they were approached via free market, so even if they did sign one stating mutual "no compete" it wouldn't apply in this situation.
    And for those who think that "compete" clauses are junk, I ask why would they exist in every fortune 500 contract if they were? Trademarks, patents and sponsorships are all forms of "compete" clauses.
     
  8. mike thunder

    mike thunder Senior Member
    Messages: 110

    Right on coldcoffee. Think of all the things you hate about the industry, then realize it all exist because the masses (majority of snow pro's) allow it.
     
  9. jimspro

    jimspro Senior Member
    Messages: 200

    thanks for all the feed back guy's, and coldcoffee, beautiful Huskey, I have a Malamute