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Can't work here?!

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  • Can't work here?!

    I'm starting with a new plumbing company and I was filling out the paperwork today. One paper got my mind wondering if this is a good company to be with. The paper basically said that the service tech will not solict their customers for personal gain. Fine, no problem with that. Next statement said that after terminating my employment with this company for whatever reason, I cannot work for, or start my own plumbing company for the next 3 years within a 50 mile radius of Va. Beach. Obviously I don't agree to this statement and I refused to sign the document. How many of you out there have seen similar statements and are there any business owners out there who employ this policy?
    Buy cheap, buy twice.

  • #2
    Re: Can't work here?!

    I have heard of it being done when selling a business, that the seller can not restart a like business, but not an employee.
    Push sticks/blocks Save Fingers
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    • #3
      Re: Can't work here?!

      i feel if you question this you might find yourself questioning many other things about this company in the near future. please tell them that you would like some answers about that form, you might also ask a lawyer if that is a leagle contract
      9/11/01, never forget.

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      • #4
        Re: Can't work here?!

        Rick just told me before I turned the computer on

        What if you don't sign it? Will you still be employed? I wouldn't sign it either. . .you will be giving yourself a heck of a commute if you don't stay with them.
        I love my plumber

        "My Hero"

        Welcome, Phoebe Jacqueline!

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        • #5
          Re: Can't work here?!

          I didn't sign it, I told the accountant (she was helping me) that I didn't feel comfortable signing that and she told me not to worry about it. I don't know if this affect my hiring and I really don't care. This document has me twisted and I'm thinking maybe this is a sign that this might not be the company for me. I'll give it some time before I make any final decisions
          Buy cheap, buy twice.

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          • #6
            Re: Can't work here?!

            we had some one quit our company and started there own company and took away about 10 places that we did service for . so it is not a good thing to sign .
            when we were part of a different co they gave us the same thing to sign but a couple of people asked a lawyer and they said sign it ,that this will not hold up in court if they try to take you to court .a lot of us did not sign it and they did nothing about it ,i think because there was about 10 of us .
            Charlie

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            • #7
              Re: Can't work here?!

              its a non compete clause. usually enforceable provided it is structured properly. however, a 50 mile radius would probably invalidate the clause as it covers too large an area. for most small businesses, their scope is usually within a relatively small geographic area.
              there's a solution to every problem.....you just have to be willing to find it.

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              • #8
                Re: Can't work here?!

                3 years seems excessive too. Most NCC's are 6 months.

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                • #9
                  Re: Can't work here?!

                  Listen to yer tummy,Don't sign it!
                  I can build anything You want , if you draw a picture of it , on the back of a big enough check .

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                  • #10
                    Re: Can't work here?!

                    What is this the only company in town? Don't start a new job with issues, find another job. You seem to be a knowledgeable plumber, I'm sure you can find a position with some place better than this. They seem paranoid about someone stealing their business, which tells me they are half-assed.
                    the dog

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                    • #11
                      Re: Can't work here?!

                      Ben,

                      I signed a "non-compete" when I worked for a company, it stated I could not work for their customers for myself, blah, blah blah, it didn't say anything about if I left the company, that I couldn't work in the area for three years after, that is BS

                      I checked how legal this non-compete document was and if it would stand up in court, the answer to my question:

                      The only way the document would be legal is if the employer promised me a gauranteed position for a certain period of time, with pay, and if this was a signed contract stating that I would have a job for say....3 years, and if the employer fired me after 2, they would owe me one years salary. The employer would have to enter into a labor agreement also, it wouldn't be "one sided"

                      Hope it makes since Ben, and good luck, remember, that is per california law, not sure what the labor law is in your state. My advice would be to check it out, see if it could hold up in court, if it bothers you, there are other places for you to go
                      sigpic

                      Robert

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                      • #12
                        Re: Can't work here?!

                        Ben

                        Do yourself a big favor and do not sign anything your gut feelings don't feel right about. Do some research into both the contract and also the company asking you to sign it. A good established company would have no reson to fear that you might start your own sometime. They will have a reputation and customer base that the new company has to earn over a long time.

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                        • #13
                          Re: Can't work here?!

                          Non competes are usually useless unless you are dealing with proprietary technology. Plumbing and HVAC isn't rocket science, so you are pretty safe.


                          Check and see if your state is a right to work state.

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                          • #14
                            Re: Can't work here?!

                            ben, i'm glad you posted this question here. glad to see everyone feels the same way about it.

                            i also spoke to my buddy and his wife tonight and said it was ridiculous too.

                            i can't see that they could enforce it. but i would never sign an open 1 sided document. as robert says, what's in it for you

                            stick to your "guns" and either discuss it with the owner, or wait till they discuss it with you.

                            rick.
                            phoebe it is

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                            • #15
                              Re: Can't work here?!

                              RED FLAG!! RED FLAG!! RED FLAG!!

                              i'd be hard pressed to sign something like that and even harder pressed to work for a company that demanded it.

                              one of the major pool companys in the territory had that for their employees. but when some split and formed their own pool service company there was NO legal action. a lot of posturing but no legal action.

                              some folks are just afraid of competition.

                              steve
                              In the never ending struggle to keep the water flowing.... The Poo Poo Cowboy rides again!!!

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