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#3142180 - 04/30/12 08:44 PM Non compete contract
Peskycritter Offline
trapper

Registered: 02/13/12
Posts: 10
Loc: south east michigan
Does anybody have there works sign a non compete contract before training ,
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#3142256 - 04/30/12 09:37 PM Re: Non compete contract [Re: Peskycritter]
trapper4hire Offline
trapper

Registered: 06/28/09
Posts: 44
Loc: Dayton, OH
YES
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#3142282 - 04/30/12 09:58 PM Re: Non compete contract [Re: Peskycritter]
BUD25 Offline
trapper

Registered: 12/26/08
Posts: 2753
Loc: southern Minnesota
yes
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#3142342 - 04/30/12 10:58 PM Re: Non compete contract [Re: Peskycritter]
BigBob Offline
trapper

Registered: 12/23/06
Posts: 8304
Loc: St. Louis Co, Mo
Workers, ie: employee's?
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#3142352 - 04/30/12 11:08 PM Re: Non compete contract [Re: Peskycritter]
LAtrapper Offline

"Professor"

Registered: 12/22/06
Posts: 2308
Loc: Lower Alabama (Daleville)
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#3144488 - 05/02/12 05:47 PM Re: Non compete contract [Re: LAtrapper]
K9man
Unregistered


Are non-compete contracts binding on employees? The attorney I spoke with once told me they are not worth the cost of the paper they are printed on in most cases. I believe he said that if the employee was actually a franchise owner then, yes, they are binding. But for everyday employees, a definate no. But that was years ago and it might be different from one state to another.

Pesky, I don't mean to bust your chops because I know you are trying, but you definately need to seek legal counsel from an attorney that specializes in business. On here you are seeking advice from people all over the world and the laws in their states might not be the same as in our state. Just some advice.


Edited by K9man (05/02/12 05:50 PM)

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#3144605 - 05/02/12 07:15 PM Re: Non compete contract [Re: Peskycritter]
Paul Winkelmann Offline
trapper

Registered: 07/23/08
Posts: 1202
Loc: mequon, wisconsin
K9 is right but shhh, the employees don't know that.

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#3144651 - 05/02/12 07:28 PM Re: Non compete contract [Re: Peskycritter]
Nathan Krause Offline
trapper

Registered: 11/28/08
Posts: 830
Loc: Waterford, WI
I have a friend who worked for a "franchise" restoration company and quit to go on his own. The "franchise" threatened to sue and my friend said that his attorney told him that he can not take any existing customers from the franchise but any new customers are "fair game"

The franchise ended up telling him if he finished the two jobs they had "pending" they would let him have his business with no further issues from them.

This don't really answer your question but it is a current situation were a non-compete contract did nothing and this was all in 2012.
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#3144754 - 05/02/12 08:16 PM Re: Non compete contract [Re: Nathan Krause]
Mike K. Offline
trapper

Registered: 01/11/10
Posts: 14
Loc: SW Missouri
I don't want to go into a lot of details but I have recently explored non-compete agreements myself and this what the gist of the consultaion explained: It is hard to enforce a lot of NC agreements for far too many reasons to list. However, this is my understanding at this point - If you hire a person that already has experience in the work you are hiring them for then a NC can be required as a condition of employment but the only provisions that can be enforced are those regarding the use of the company's name, logo, customer list, vendor list or any copyrighted or proprietary documents, tools or methods.

However, if you were to consider hiring a person with no experience in the field, and you will train them using your methods, standards and policies then a NC can be a condition of employment and they can choose to decline it and walk away if they do not wish to agree to it. Most NC are for 24 months and can be enforced since you trained them and gave them access to your proprietary methods which are not disclosed to the general public.

Current employees including those that are recently hired cannot be forced to sign a NC as a condition of continued employment - it has to be agreed to and signed prior to employment.

There is a lot more to it so I tried to summarize it. By all means get YOUR OWN legal opinion before creating one.
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www.rid-a-mole.com

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#3144788 - 05/02/12 08:29 PM Re: Non compete contract [Re: Peskycritter]
Mike Flick Offline
trapper

Registered: 04/06/12
Posts: 19
Loc: 1st civ. Div. Wood County Wi.
I wouldn't sign one, I wouldn't expect anyone else to either.
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#3145358 - 05/03/12 07:42 AM Re: Non compete contract [Re: Peskycritter]
inthetallgrass Offline
trapper

Registered: 09/08/10
Posts: 43
Loc: North of the river in missouri
Who ever stated they aren't worth the paper they are written on is correct. I used to have to sign these and even been sued by an employer for leaving and competing with another company. This was years back in a different industry. I won they lost alot of attorney cost!!!! As long as an employer can show he/she is bettering themselves by leaving your employment and is not directly going after your accounts then you have nothing with a NO compete document. Been there and been through, save your money and worry about more important things, wish them luck and thank them for their work or if a poor employee say good ridance and let someone else deal with them.

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