No Compete
- Thread starter GA-Vents
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mikey
Member
Sample Only
Use At your Own Risk
EMPLOYEE NON-COMPETE AGREEMENT
For good consideration and as an inducement for_________________
(Company) to employ_________________________(Employee), the undersigned Employee hereby agrees not to directly or indirectly compete with the business of the Company and its successors and assigns during the period of employment and for a period of _____ years following terminiation of employment and notwithstanding the cause or reason for termination.
The term "not compete" as used herein shall mean that the Employee shall not own, manage, operate, consult or to be employee in a business substantially similar to or competitive with the present business of the Company or such other business activity in which the Company may substantially engage during the term of employment.
The Employee acknowledges that the Company shall or may in reliance of this
agreement provide Employee access to trade secrets, customers and other confidential data and good will. Employee agrees to retain said information as confidential and not to use said information on his or her won behalf or disclose same to any third party.
This agreement shall be binding upon and inure to the benefit of the parties, their
successors, assigns, and personal representatives.
Signed this _____ day of ________________________ 19____.
_______________________________________
Company
_______________________________________
Employee
Use At your Own Risk
EMPLOYEE NON-COMPETE AGREEMENT
For good consideration and as an inducement for_________________
(Company) to employ_________________________(Employee), the undersigned Employee hereby agrees not to directly or indirectly compete with the business of the Company and its successors and assigns during the period of employment and for a period of _____ years following terminiation of employment and notwithstanding the cause or reason for termination.
The term "not compete" as used herein shall mean that the Employee shall not own, manage, operate, consult or to be employee in a business substantially similar to or competitive with the present business of the Company or such other business activity in which the Company may substantially engage during the term of employment.
The Employee acknowledges that the Company shall or may in reliance of this
agreement provide Employee access to trade secrets, customers and other confidential data and good will. Employee agrees to retain said information as confidential and not to use said information on his or her won behalf or disclose same to any third party.
This agreement shall be binding upon and inure to the benefit of the parties, their
successors, assigns, and personal representatives.
Signed this _____ day of ________________________ 19____.
_______________________________________
Company
_______________________________________
Employee
dodsonish
Grease Police President
JohnB
JohnB
Non Compete Agreements in this type of work are looked down on in mississippi..
many years back I worked for a guy cleaning vent hoods , doing fire equipment and cleaning concrete before I started B&R Fire Protection.. We actually went to court..
Well guess what B&R Fire Protection is still opened... For the reason that the termsof the non compete agreement were not fair.. ( Said th Judge)
2000 ruling from American Fire Protection ( Court)
Since there was no time limit given and since the following is considered a small business and not a large corp. We Grant B&R Fire Protection the right to work in Mississippi . American Fire Was also warned to leave me alone ..
You just got to love Mississippi law.LOL
Most of these guys learned law at Ole Miss anyway..
many years back I worked for a guy cleaning vent hoods , doing fire equipment and cleaning concrete before I started B&R Fire Protection.. We actually went to court..
Well guess what B&R Fire Protection is still opened... For the reason that the termsof the non compete agreement were not fair.. ( Said th Judge)
2000 ruling from American Fire Protection ( Court)
Since there was no time limit given and since the following is considered a small business and not a large corp. We Grant B&R Fire Protection the right to work in Mississippi . American Fire Was also warned to leave me alone ..
You just got to love Mississippi law.LOL
Most of these guys learned law at Ole Miss anyway..
GA, Loose the photo in avitar. I have customers I get from this site. thats not a professional image. Thanks
Russ Johnson
Equipment Expert
Specify in your non-compete exact time limits and mileage limits.
A
Admin Test
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24.56.17.200 : ip24-56-17-200.ph.ph.cox.net
mikey
Member
COVENANT NOT TO COMPETE
WorldWash
5601 Vista Way
Casper, Wyoming 82601 307-473-7204
WorldWash@msn.com
Last Modified: June 10, 2005
Whereas, WorldWash (Hereinafter, "Employer")has entered into an employment contract with ___________________________(hereinafter "Employer") wherein employee shall receive certain benefits and on the job training and education relative the business of service and supply to clients of Commercial Kitchen Exhaust cleaning services; and
Whereas, employer understands that His duties require continuous special training and that the company has incurred and will incur expense in so providing training and knowledge to employee; and
Whereas, in consideration of the employment obtained by employee, (referenced above);
The employee covenants and agrees with employer as follows:
(1) In the event of employee's termination as employee hereunder, employee shall not, for a period of three (1) years from the date of such termination, engage in the Commercial Kitchen Exhaust cleaning business, or in the sale of related products or services as are provided by employer, directly or indirectly, as an individual, partner, stockholder, director, officer, clerk, principal, agent, salesperson consultant or employee, or in any other relation or capacity whatsoever within a 300 mile radius of any population center or area of activity in which employer operates, including but not limited to Natrona county, Wyoming.
(2) For three (3) years after such employment with employer ceases, employee shall not directly or indirectly solicit or aid in soliciting any business relating to the provision of his employment contracted with employer.
(3) During such employment and for a period of three (3) years thereafter, employee shall not, at any time, directly or indirectly use or disclose to any persons, except employer and its duly authorized officer or employees entitled thereto, employee's customers lists, credit classifications, records, statistics, or other information acquired by employee in the course of his employment in any capacity whatsoever, nor in any manner directly or indirectly aid or be a party to any acts, the effect of which would tend to divert, diminish, or prejudice the good will or business of employer.
Example only: Consult your professional law advisor
WorldWash
5601 Vista Way
Casper, Wyoming 82601 307-473-7204
WorldWash@msn.com
Last Modified: June 10, 2005
Whereas, WorldWash (Hereinafter, "Employer")has entered into an employment contract with ___________________________(hereinafter "Employer") wherein employee shall receive certain benefits and on the job training and education relative the business of service and supply to clients of Commercial Kitchen Exhaust cleaning services; and
Whereas, employer understands that His duties require continuous special training and that the company has incurred and will incur expense in so providing training and knowledge to employee; and
Whereas, in consideration of the employment obtained by employee, (referenced above);
The employee covenants and agrees with employer as follows:
(1) In the event of employee's termination as employee hereunder, employee shall not, for a period of three (1) years from the date of such termination, engage in the Commercial Kitchen Exhaust cleaning business, or in the sale of related products or services as are provided by employer, directly or indirectly, as an individual, partner, stockholder, director, officer, clerk, principal, agent, salesperson consultant or employee, or in any other relation or capacity whatsoever within a 300 mile radius of any population center or area of activity in which employer operates, including but not limited to Natrona county, Wyoming.
(2) For three (3) years after such employment with employer ceases, employee shall not directly or indirectly solicit or aid in soliciting any business relating to the provision of his employment contracted with employer.
(3) During such employment and for a period of three (3) years thereafter, employee shall not, at any time, directly or indirectly use or disclose to any persons, except employer and its duly authorized officer or employees entitled thereto, employee's customers lists, credit classifications, records, statistics, or other information acquired by employee in the course of his employment in any capacity whatsoever, nor in any manner directly or indirectly aid or be a party to any acts, the effect of which would tend to divert, diminish, or prejudice the good will or business of employer.
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dodsonish
Grease Police President
I'd make line # 3 totally confidential. That information should be permenantly classified. Line #1, I'm not sure how this one would hold up. You can make your info confidential, but I'm not sure about barring them from the industry. I'd have a lawyer look it over.
I agree with Richard,the ways to get around non competes are numerous,such as starting a business under someone elses name(relative ,friend,etc.) and going to "work " for them.The average person would honor your accounts and stay away if they were so inclined to leave,but theres always those that would not think twice about going after your accounts.I would not really let any employee in on all the aspects of the business,and keep pricing and contract information as confidential as possible.I realize that is hard with some key employees,but caution when it involves money with anyone(for the most part) is always the way to go.
Non competes are more enforceable in the case of a business buyout,where the previous owner signs a non compete as terms of a sale of his business to you,but even then the shrewd operator can work behind the scene for someone else to around to get around that
.
Non competes are more enforceable in the case of a business buyout,where the previous owner signs a non compete as terms of a sale of his business to you,but even then the shrewd operator can work behind the scene for someone else to around to get around that
.
dodsonish
Grease Police President
I think you might get a case if an employee runs out on you and purposly targets your exsisting accounts, using your confidential information against you, which he signed an agreement not to disclose, with intentions on puting your company out of business.
If he goes to work for Joe's Hood Waxing Co. and uses your info as an advantage to get some accounts I'd think it would be hard to stick one on him.
I do know a couple of guys out in So Cal that could handle him for you though.
If he goes to work for Joe's Hood Waxing Co. and uses your info as an advantage to get some accounts I'd think it would be hard to stick one on him.
I do know a couple of guys out in So Cal that could handle him for you though.
mbryan
New member
You don't need any agreement to go after him if he uses company information to go after your clients, there are specific laws against doing that and there are hefty fines. I had a guy do it to me and my lawyer scared the shit out of him. Needless to say, he stopped stealing my accounts.