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The no-compete/confidentiality agreement is there to stop EX EMPLOYEES from going after your customers , it has no POWER against your customers dropping you and going with another company who happens to employ your EX employees.

Originally Posted by Ammonianite

If things don't work out for their current employer, they may have a difficult time finding another job locally.

I doubt it, I have seen good techs leave on bad terms and find employment at a competing company who happened to be very good friends with their former boss, money talks and bs walks.

Originally Posted by Ammonianite

The company I worked for recently had a mass exodus of a service manager, the lone salesman and 10 techs. They all went to the same company and quickly moved in on many of our accounts. They all had signed a non-compete clause which forbids the solicitation of customers for two years. They maybe waited two days before they started dropping off business cards and actually taking several accounts almost immediately. There must not be that much legal weight to those non-compete documents or those folks are just incredibly ignorant. Nonetheless, word has gotten around about these folks and it isn't a good word. Even though there were some excellent techs in the bunch, their reputations in supply houses and in the local HVAC community in general has been terribly damaged by their unethical behavior. If things don't work out for their current employer, they may have a difficult time finding another job locally. (I was working in an adjacent state and had a tech from a refrigeration company come up to me and state that he had heard of this debacle. Such news travels far and wide and amazingly fast!) Who is going to want to hire folks who could very well pull the same stunt on them?

I'm with you on this, but I can see a company looking to expand their client base taking a chance for short term gains.

Unethical Behavior Garners Consequences

The company I worked for recently had a mass exodus of a service manager, the lone salesman and 10 techs. They all went to the same company and quickly moved in on many of our accounts. They all had signed a non-compete clause which forbids the solicitation of customers for two years. They maybe waited two days before they started dropping off business cards and actually taking several accounts almost immediately. There must not be that much legal weight to those non-compete documents or those folks are just incredibly ignorant. Nonetheless, word has gotten around about these folks and it isn't a good word. Even though there were some excellent techs in the bunch, their reputations in supply houses and in the local HVAC community in general has been terribly damaged by their unethical behavior. If things don't work out for their current employer, they may have a difficult time finding another job locally. (I was working in an adjacent state and had a tech from a refrigeration company come up to me and state that he had heard of this debacle. Such news travels far and wide and amazingly fast!) Who is going to want to hire folks who could very well pull the same stunt on them?

Bad juju. Whether you are starting your own business or going to another employer.

Originally Posted by 71CHOPS

inform them you're leaving your current employer. Let them and your old boss know they can contact you any time if they have any questions about their equipment.

Take the high road, and you'll always come out smelling like roses.

we have an ex employee trying to get our accounts right now......a lot of the customers have told us he's been by several times. they are all beginning to get annoyed that he won't leave them alone.

You are absolutely right. If you give them your number after you have gone, and they choose not to contact you, leave them alone. The key is the ex employee is bugging the customer. If you gave them good service, and that fails to continue when you leave, they will contact you. But I have seen techs try to move over customers while they are working for their old boss. Unethical. And then they wonder why some companies take your keys and send you home in a cab when you turn in your 2 weeks.

inform them you're leaving your current employer. Let them and your old boss know they can contact you any time if they have any questions about their equipment.

Take the high road, and you'll always come out smelling like roses.

we have an ex employee trying to get our accounts right now......a lot of the customers have told us he's been by several times. they are all beginning to get annoyed that he won't leave them alone.

It is my personal view that it is ethically wrong to wear the uniform of a current company, and discuss your leaving said company and try to bring them over to your new company. That being said, there is nothing wrong with contacting customers after you have changed and giving them your contact info, and telling them "you can reach me if you ever need my help at this number." As far as the legal stuff, non-compete agreements are virtually unenforceable. A company that wants to enforce one of these is put in the awful position of dragging customers via subpoena into court to testify against you. Also not very good for business.

The hens at the beauty salons do it all the time. The key is, I think, to simply announce to them that you have changed jobs. If they prefer to deal with you rather than your former employer's company they'll make that decision without you courting them.

If you feel like you have to, I would do it in such a way that you say "Hi Mr. business owner. I just wanted to thank you for your business for the years I worked for Company A. I enjoyed servicing your account. I'll be working for Company B now, so someone else from Company A will be servicing your account." If he contacts your new employer of his own volition then great for your new employer. You haven't asked for his business or insulted your old company, just stated the fact that you're changing jobs.

Alternately, your new employer could pursue the client and just drop your name, thereby leaving you out of it.

Law is a very specific thing. Murderers walk on technicalities, and the no-compete/confidentiality agreement might not even hold water.

Pro actively stealing clients (let's be real it is what it is), will never end well.
The way I see it, if you're a good tech there's always going to be plenty of work out there.

many mechanics think this is a huge reality and boon to their new employer. oftentimes, its just talk and customers dont follow. if they do, your new boss gets a bit of new business, big deal. if you think you are THAT tight, open a business, and see how many follow, chances are, waay less than you think.

my take, leave them, they arent your to begin with, they were likely aquired by your former boss. shake their hands, offer to help the new guy if needed, walk out of there with head held high. If you really are that good, they will FIND YOU. then you can be doubly proud, you left as a man, and they came to you.

I have found when I changed jobs that the customers who like me and my work ethics soon followed me on their own. Change jobs, let the rest go.

Originally Posted by bmwruss

Don't burn any bridges. You never know when
you'll need to cross them again.

Well said

Don't burn any bridges. You never know when you'll need to cross them again.

you should just open your own company if you have that good of customers

The opposite is true also. Have had guys who "I'm gonna leave and take all my accounts with me" They leave and no customers follow them. One person does not control the destiny of the whole company.

I wouldn't bother, if you're not starting your own thing don't bring anyone unless they freely follow you and your new boss gives you a finders fee. I worked with guys who had a customer or two follow them to every company they went to, that was the customers choice as they were tied at the hip.

It's a low thing to do, however it may not be illegal. Depending on the State you are in an employer has no right to restrict your ability to make a living without paying you to do so. In other words an employer can have you sign an agreement that you can't take customers with you but unless there is a specific non compete agreement in which fair compensation is paid, after you leave, it is invalid. You can still get sued and have to hire a lawyer, but in most cases without compensation you would win. Not worth it at all.

Why would you want to get customers for your new boss? Don't be surprised as soon as he secures the accounts you get kicked to the curb for a lower paid replacement.

Getting your x-boss customers for your own business, you could do that but see a lawyer first they would advise you best.

If you APPROACH your current employer's customers you've worked for, then you could end up in a legal situation. Your employer may take legal action against you personally and you'll have a real mess. If you must leave, then leave, and if the customers follow you, it's THEIR choice, not yours. Good luck.