Re: Advice needed please
[Re: patriot_trapper]
#4826774
12/30/14 05:03 PM
12/30/14 05:03 PM
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Joined: Mar 2011
Posts: 15 Woodhull, IL
opie28
trapper
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trapper
Joined: Mar 2011
Posts: 15
Woodhull, IL
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Did you every sign a non compete form? I would talk to a lawyer just to be on the safe side.
Mark M. Bethell Wildlife Control
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Re: Advice needed please
[Re: patriot_trapper]
#4826952
12/30/14 06:47 PM
12/30/14 06:47 PM
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Joined: Sep 2012
Posts: 7,240 West Michigan
Getting There
trapper
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trapper
Joined: Sep 2012
Posts: 7,240
West Michigan
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Working for someone else and having your own business is a big step. I wish you well! Glad to see more small business get going.
To Old U.S. Army 60-63 SGT.
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Re: Advice needed please
[Re: patriot_trapper]
#4829119
12/31/14 07:06 PM
12/31/14 07:06 PM
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Joined: Sep 2012
Posts: 7,240 West Michigan
Getting There
trapper
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trapper
Joined: Sep 2012
Posts: 7,240
West Michigan
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How about your wife starting and owning the business and you are her employee. Your former boss is just blowing smoke IMO. In some area's there are groups of business people that will help you set up a business. Free advice. They will help you with a business plan etc. Tap every resource that is out there. Good luck, keep at it!
To Old U.S. Army 60-63 SGT.
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Re: Advice needed please
[Re: patriot_trapper]
#4830532
01/01/15 02:06 PM
01/01/15 02:06 PM
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Joined: Jan 2013
Posts: 32 OH
Eric Arnold
trapper
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trapper
Joined: Jan 2013
Posts: 32
OH
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Since you've already got an appointment with a legal counsel, I'd say wait until you speak with them. This is something we're dealing with ourselves right now and there are a lot of ins and outs with it.
Generally speaking, the first item to find out when looking at non-competes is if your state recognizes them. Some states recognize them in great detail, some states recognize them but require more of an open interpretation, while other states won't even acknowledge them.
Second, the non-compete must be realistic with it's restrictions. Trying to claim an entire state as an exempt area is generally not realistic unless the company is the only one in existence and/or offering services that duplicating would be considered as a theft of intellectual property or something along these lines.
Third, make sure the non-compete you have is signed and dated by both parties. A contract requires two signatures so if only one is present, it is much harder to defend in a legal battle and may not be valid. Additionally, you want to keep records of anything you were promised that did not happen such as benefits, raises, time-off, etc.
Fourth, if you decide to do something, do it above board so that their can be no hint of you're trying to pull one over on them. Having a friend or family member create a company then hire you makes it look like you're trying to skirt the agreement, don't do it. Instead, look at creating a company that focuses on a specific service the other company doesn't offer or does very limited work in.
In most cases, in states that recognize non-competes it would be acceptable that the ex employee not open their own business or work for another business within a reasonable distance of the employer's business (generally 1 - 2 hours), take the employer's client list, contact or market services to the employer's clients, or work for an individual or business performing like services that is a client of the employer, or use equipment or skills that can be considered proprietary or intellectual property of the employer's business. Additionally, there is a "realistic" time frame involved that can range from 6 months to 5 years (with 2 years being the average) that once met ends the non-compete agreement.
Eric Arnold Publishing Editor W.C.T. Magazine Editor The Fur Taker Magazine
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Re: Advice needed please
[Re: patriot_trapper]
#4835183
01/03/15 06:41 PM
01/03/15 06:41 PM
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Joined: Dec 2006
Posts: 1,514 Woodhull, Illinois 77
Jim Bethell
trapper
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trapper
Joined: Dec 2006
Posts: 1,514
Woodhull, Illinois 77
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I am having a hard time finding what I am looking for on the TWRA website. If anyone wants to PM me please feel free. I am a respectful man and do not want to post his dirty laundry on a public forum. Thanks again to everyone! Happy New Year....And may this be your best year yet! Not sure the question you ask has anything to do with Wildlife. More into contract law in general.
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Re: Advice needed please
[Re: patriot_trapper]
#4835509
01/03/15 08:54 PM
01/03/15 08:54 PM
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Joined: Jul 2008
Posts: 1,361 mequon, wisconsin
Paul Winkelmann
trapper
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trapper
Joined: Jul 2008
Posts: 1,361
mequon, wisconsin
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Patriot, you can't use the business logo "Sorry It Did Not Work." Our employees already use that slogan regularly.
Last edited by Paul Winkelmann; 01/03/15 08:54 PM.
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