Non compete

for a service-business..
a non-compete agreement would have to be very meticulously written to be enforceable.
I hope several contractors pitch-in here to come up with a good one, to help all.

Hey.. that's something else an association should help with.
Hmmm.
 
Funny you mention it Jerry, I put it on the idea notepad :grin:
 
Content of the form hardly matters in FL. It's typically more expensive to legally enforce than it is to simply find new business or recoup what was taken.
I think having it is smart. A good employee will do what he promised, a crappy employee will fail in their own business! I'm not saying they won't damage the market on their way down though... but, fighting it legally doesn't promise any different!
 
I know what my employment law attorney told me. Because of that, I don't even bother.
 
Here in FL there useless, as in all right to work states.
 
Most judges inside of right to work states don't care about a non compete contract outside of some major corporations that involve high dollar trade secrets (Chemical engineering, Aerospace, Computer programming).
 
It really has nothing to do with "right to work" states. You can't keep someone from performing their trade. You might be able to inhibit someone from going after your customers, but there is such a short time line on that, it just isn't worth it.
 
In our business it would be very hard to enforce. The courts would say that you can keep anyone from earning a living. The only one that would be enforceable would be where you brought a business and for a time period there would be a non compete clause.
 
Having been sued by a former employer over my non compete I can tell you at least in Florida they are worthless. In order for them to be enforced, all of these criteria must be met - 1) Must be signed BEFORE beginning employment. 2) Must be compensated for signing. 3) Must be for a defined area (And that area is pretty small. Where I was it was 25 miles) and 4) Can't keep you from working in your area of expertise.
 
Basically, a non compete can really only keep someone from actively pursuing your customers, meaning, knocking on doors and asking for the business. There is a lot of work out there, it really is not an enforceable option.
 
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