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  • #16
    Re: Can't work here?!

    Looks like a standard boiler plate Non Compete Clause. It would only be enforceable if that company regularly services that 50 mile radius which isn't likely. 3 years is way too long as Ruud said most are 6-12 months. Alot of companies have NCC's now. I'm sure most of us have seen techs that learned skills and training at one company only to start their own business a few blocks away and take some clients with them. It's not right but it happens everyday. You might see it as a red flag but I see it as a company protecting its assets (it's customers) in a competive environment. If you think the company is a good fit for you have the NCC restructured. No big deal. Virginia is a Right To Work State.

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    • #17
      Re: Can't work here?!

      Thats insane,

      Sounds like its coming from a company that is not too sure of itself and its practices. Very insecure about their own abilities to keep a client??

      The statement that said you could not work for another company is what got me. They are saying if you quit that you cant even go down the street to ABC contracing and get a job with them???

      I also have my doubts it would hold up as a legal contract, but with the wrong judge, you never know. I also dont think you would want to end up in a legal battle either.



      I agree with you feelings about this, you to look hard before making this move.

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      • #18
        Re: Can't work here?!

        i say we all take a road trip and stand behind him when he tells them that he is not going to sign it and see what they will say
        Charlie

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        • #19
          Re: Can't work here?!

          Originally posted by biscuit View Post
          Thats insane,

          Sounds like its coming from a company that is not too sure of itself and its practices. Very insecure about their own abilities to keep a client??
          Not to mention keep an employee.

          I wonder if there's a legal definition for endenturement.
          Then of course the question comes to mind -
          What if you start working there at a lower rate pending 1,2 or 3 month review, bust your hump, and the company decides you don't get a raise?
          Seedy, very seedy.

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          • #20
            Re: Can't work here?!

            Yeah.Don't sign it.I would get some legal advice to see how enforceble that would be on the court if you do sign.

            I guess something must have happend to them in the past since they are protecting their *** like that.

            Every company has the right to choose their own policy,but not every company will tell you the cons about it.

            Some people don't even read the fine print when they are closing 1 million dollar deal around here.

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            • #21
              Re: Can't work here?!

              Actually, Zeljka, now that I think of it,I recall my sis had to sign one when she first got internship for her R.E. license.
              I'm guessing there's fine print on circumstantial terminations etc.

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              • #22
                Re: Can't work here?!

                Just an update, was supposed to start work today but due to the contract, I couldn't go out. I talked the foreman about my concerns and he understands my take on the situation and does disagree with it but it's still company policy. He let me take the policy home to talk it over with legal and he said he would also discuss it with his attorney.

                Here's the part that bothers me. "During the period of employment with *********, and for a period of thirty six(36) months after termination, the employee will not directly or indirectly own, manage, operate, control, participate in, or be connected in any manner with the ownership, management, operation, or control of any business similar to the type of business conducted by Employer at the time of termination of employment within a fifty(50) mile radius of the Chesapeake, Virginia courthouse located in the Great Bridge section of Chesapeake Virginia".

                As I think more about it, I don't think this is the company for me.
                Buy cheap, buy twice.

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                • #23
                  Re: Can't work here?!

                  Originally posted by gear junkie View Post
                  Just an update, was supposed to start work today but due to the contract, I couldn't go out. I talked the foreman about my concerns and he understands my take on the situation and does disagree with it but it's still company policy. He let me take the policy home to talk it over with legal and he said he would also discuss it with his attorney.

                  Here's the part that bothers me. "During the period of employment with *********, and for a period of thirty six(36) months after termination, the employee will not directly or indirectly own, manage, operate, control, participate in, or be connected in any manner with the ownership, management, operation, or control of any business similar to the type of business conducted by Employer at the time of termination of employment within a fifty(50) mile radius of the Chesapeake, Virginia courthouse located in the Great Bridge section of Chesapeake Virginia".

                  As I think more about it, I don't think this is the company for me.
                  When you include participate in the operation you include everything an employee does. Oh well it's their lost.


                  Mark
                  "Somewhere a Village is Missing Twelve Idiots!" - Casey Anthony

                  I never lost a cent on the jobs I didn't get!

                  Comment


                  • #24
                    Re: Can't work here?!

                    "..will not directly or indirectly own, manage, operate, control, participate in, or be connected in any manner with the ownership, management, operation, or control of any business.."

                    But its as related to "ownership, management, operation, or control" of a business. It's not saying you could not work for another outfit. It's very restrictive in the wording I agree, and I am not supporting it at all, but I understand what they are trying to do which is keep you from becoming the competition and taking some of their clientèle away. If the term were six months or a year it would be more reasonable and maybe even palatable, but it still is something as an employee you should not have to sign in my opinion. If you were buying your way in as a partner that would be different I think, and more the situation that a clause such as this is meant for.

                    This is similar verbiage to that used in the sale of a business where the buyer wants some assurance that the seller will not start up a new shop next month and all his old customers will migrate over to him again leaving the buyer without a customer base.
                    ---------------
                    Light is faster than sound. That's why some people seem really bright until you hear them speak.
                    ---------------
                    “If I had my life to live over again, I'd be a plumber.” - Albert Einstein
                    ---------
                    "Its a table saw.... Do you know where your fingers are?"
                    ---------
                    sigpic http://www.helmetstohardhats.com/

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                    • #25
                      Re: Can't work here?!

                      Bob, wouldn't that statement preclude me from doing any kind of management with a company, i.e. field supervisor, foreman? From my stance on it, I couldn't even be charge of the kid who mows the lawn and takes out the trash. I understand their ultimate objective and don't expect favortism by not having to sign so I don't think this is the company for me.
                      Buy cheap, buy twice.

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                      • #26
                        Re: Can't work here?!

                        Bob is right. The wording is very restrictive, verbatim. I think there is alot thats open for interpretation though. We could type page after page on how to interpret this.

                        If you think you might want to start your own business or buy your way into an existing business, dont sign it. IMO, thats all theyre after.

                        Me personally, I wouldnt sign it cause 3 years is too long. I would sign one for 6 months to a year, if I thought the company was right for me.

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                        • #27
                          Re: Can't work here?!

                          This is not limited to ownership or management. The operation of a plumbing company is what a plumber does. Without a plumber a plumbing company cannot operate. Unless the Navy will be moving you any time soon I would not sign it.

                          Mark
                          "Somewhere a Village is Missing Twelve Idiots!" - Casey Anthony

                          I never lost a cent on the jobs I didn't get!

                          Comment


                          • #28
                            Re: Can't work here?!

                            The way I see it unless you are involved in operation of the company as in have the power to hire and fire people, make business decisions like major equipment purchases (trucks, etc not piece parts used on a job), sign checks (you signature is on file at the bank), are listed as an officer of the company, or a part owner, you are not in management or control of the company.

                            I agree with Mark that day-to-day operations like scheduling subordinates work or calling the supply house to order materials are vital to successful business operations, but that is not in my opinion 'running the company'.

                            But none of that matters because the way this is worded there are too many areas that are open to interpretation and on the surface appear excessively restrictive with nothing in return for your pledge not to go into competition with them for three years after/if you leave.

                            It (the terms) may not seem right but I think it could stand up in court if you signed it and then later violated the terms. There is nothing illegal about it that I can see, but that should be up to your lawyer to interpret.

                            In short I think they have been burnt a couple times in the past and are looking to protect themselves. I also think that if you are a grunt (Foreman or FLS on down) with this outfit it should not apply to you (and shouldn't need to even sign such a document), but a court may feel differently.

                            There must be other places to go to work in the Tidewater/Norfolk area, have you exhausted all other possible options?
                            ---------------
                            Light is faster than sound. That's why some people seem really bright until you hear them speak.
                            ---------------
                            “If I had my life to live over again, I'd be a plumber.” - Albert Einstein
                            ---------
                            "Its a table saw.... Do you know where your fingers are?"
                            ---------
                            sigpic http://www.helmetstohardhats.com/

                            Comment

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