So forgive me if this has come up before, I searched and could not find this specific info.
2 weeks ago I hired an experienced guy who had worked for a few companies, the last one being a well-known franchise. He's a really good window cleaner, and he wasn't making enough there (not a surprise), so he quit and came to our company. I asked him about a non compete, and he said he signed one but that it was specific to him going after their work, and that a lot of other people went to other companies and never had a problem.
So today, he brought in a cease and desist letter from the owner, warning him not to clean windows, with his non compete attached. The non compete was not specific to the Franchise's work, it was legit (had mile radius and 1 year limit) and it said he could not be employed by another company.
He told me that when he left the company, one of the route jobs he did all of the time stopped using the franchise when he left (his buddy that was still there told him) and they assumed he was going after it.
I would like to keep this guy on staff, but I need to know if I can be held liable or be sued for keeping him as an employee. Does anyone know how that works or ever had an issue with it?
I make my guys sign one, but it is specific to them leaving and going after our current jobs. I never go after them if they leave and work for another company because I'm not going to stop them from making money. One of our guys quit over the winter and is working for a local competitor in the same city. I don't even care about that (good luck with him though).
2 weeks ago I hired an experienced guy who had worked for a few companies, the last one being a well-known franchise. He's a really good window cleaner, and he wasn't making enough there (not a surprise), so he quit and came to our company. I asked him about a non compete, and he said he signed one but that it was specific to him going after their work, and that a lot of other people went to other companies and never had a problem.
So today, he brought in a cease and desist letter from the owner, warning him not to clean windows, with his non compete attached. The non compete was not specific to the Franchise's work, it was legit (had mile radius and 1 year limit) and it said he could not be employed by another company.
He told me that when he left the company, one of the route jobs he did all of the time stopped using the franchise when he left (his buddy that was still there told him) and they assumed he was going after it.
I would like to keep this guy on staff, but I need to know if I can be held liable or be sued for keeping him as an employee. Does anyone know how that works or ever had an issue with it?
I make my guys sign one, but it is specific to them leaving and going after our current jobs. I never go after them if they leave and work for another company because I'm not going to stop them from making money. One of our guys quit over the winter and is working for a local competitor in the same city. I don't even care about that (good luck with him though).
from Window Cleaning Resource http://ift.tt/1KI2Wr9
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