Regular Guest
Ran into one of the big wigs from a large local outfit at lunch the other day. He asked how things are going and told him well when it cooled off so did my phone. He calls this evening and tosses out a respectable offer but with a big stipulation. They want me to sign a 2 year non-compete that is in force while I'm working plus the 2 years after I would leave or they would let me go.
Now I don't have any problem with not doing any side work the issue I would have is he could hire me for 5 minutes then let me go and I'm in a bad spot. I've been told they aren't any good in court but they have deep pockets and my experience is he who has the money wins. I wouldn't even consider going back to work for someone again but having a constant flow of work would be easier on my blood pressure.
I have heard that this company is good to work for by a few guys and bad, surprise. I'm not getting any younger and have a low tolerance for getting shovels full tossed at me. With new construction being where it is at this point we are having to do service and of course that takes a big base to stay consistent. Anyone else signed one or require guys coming in to sign?
Professional Member
Non-compete clauses are pretty common in this industry. You may consider asking to amend it with a 90 day trial clause, making it ineffective if they fire you or you decide to leave in the first 90 days. Just to give you both time to see if things work out.
Also, see if the clause is location-dependent. It should only be effective in their service area (make sure it's in writing). Worst case scenario, you work for a few years and leave town to work in another area.
Professional Member*
check with an attorney
It`s better to be silent and thought the fool; than speak and remove all doubt.
Professional Member*
Reading between the lines, it looks like you're self employed, and getting older (both apply to me too). Be very careful what you're getting into and giving up. You might want to consider kicking the bushes to pick up more service accounts.
The big companies have a lot of empty trucks sitting in their parking lot when things get slow. And they'll throw BIG shovels full at you the rest of the time. So it isn't totally unlike what bugs you now.
And you're probably pretty much set in your ways at this point. They also might be eyeing YOUR accounts too.
Professional Member
Also think about the work you are bringing to the Big company. Who is getting the better deal if you go to work for them?
Regular Guest
Ya my accounts would roll over to them. The wife says change really isn't my strong suit. I didn't sleep a minute last night. The contract covers our entire metro area as that is what they service. We couldn't move at this point due to our son in High School and JROTC. I did get a few things out of the way. They GPS the trucks, which is fine with me. The last thing I want to do at the end of the day is drive it some more. I told them with the GPS I didn't want to call on site or call when job is done, period. No after 8pm calls either. They have kids that can do that and still get up in the morning,ha.
I think by signing I give up a key bargaining tool down the road for raises and other things that may come up. Frankly the customers they normally get and I get are two different types of people. They get the guy that saw a yellow pages ad and called the biggest ad and mine are the guy that heard about me from someone at work or neighbor... I frankly don't know how many of my folks they could hang onto as they like knowing who is coming and they would get next available with them. All that being said it makes me not understand the importance of a non-compete with the situation we have.
I did tell him I would be more inclined if at least the non-compete ended 6 months after I left or that it would sunset if they let me go. He said it is mandatory for anyone that has been self employed. The only thing they are really offering when I break it down is constant work. Everything else is smoke and mirrors. I'm competing against them now so what changes that down the road? Just seems like buying your competition away. Which as stated I really don't think we at least typically draw the same crowd.
Professional Member
The grass isn't always greener.
Waddya mean don't thaw out the frig with a knive?
Professional Member
Do a search. This subject has been covered in great detail.
Professional Member*
Sounds like a big mistake to me - one you could end up regretting for the rest of your life, and having a lot more stress than you currently have.
I used to go through the pros and cons of having my own business and considered numerous times hanging it up. But one of the pros I finally thought of put an end to all of that.
It's all MINE. I built it from SCRATCH. If something's wrong with it - just work on FIXING it.
Professional Member*
All of us "Older guys" see where you are, and for my 2c worth I'd recommend you develop a business plan. About 20 yrs. ago I hired a "helper" and trained him and then hired HIM a helper etc etc...now we have about 10 employees. I'm not twisting wrenches anymore (which I miss somewhat) and if I need a day off for something, then the Dispatcher is in the office taking care of things. I do about 60% of the sales, and the lead technicians (3 of them) take up the rest of the sales slack. It's not perfect but it works pretty well. You need to "plan" for the day you no longer have to run every call! I'd recommend that before working for "the other guy", you'll be happier. IMO
Professional Member
Well, forget the whole discussion even happened and you'll sleep better tonightOriginally Posted by fishintime
The deal doesn't even seem worth considering since it seems like any way you slice it you're getting the short end of the stick. The really, really, short and probably rotten end.
I agree with Wahoo's post
Last edited by craig1; 08-27-2010 at 08:47 PM.
Regular Guest
RUN Fishintime, RUN...............as fast as you can the other way.
Classic case of you being used.
Suck you in , get what he can, spit you back out, all for his gain.
Professional Member
he's after your work. It's as plain as day.
Regular Guest
Sounds like a scenario the union shops run around here. Give you what you think is a good deal to get your customer base and hires you. Now you are low man on the totem pole so when times get lean, you are first to go.
Professional Member
so your willing to sign a contract willingly, for this security you think he can offer you, and if things go south, he holds power over you to dictate you stand down and not participate in the trade, the only thing you perhaps know how to do for 2 years. Where would you work for those 2 years? Walmart? McDonalds?
Let me tell you something. I know. I have been there. And back. Read my posts using the search button.
Your no better off there than you are right now. You have the ability right now to change the course of your life, with all you need already in place. But your willing to give that up to go to work for him for what reason? Maybe Security of a steady check? Yeagh right. There is no more security for you working for someone else than working for yourself. Your just blind to it right now because your frame of mind is such.
Let me ask you something? Why do you think the phone stopped ringing? What caused this? I seriously need to know.
If your were busy, would you even entertain this idea?
Would you like to be that guy one day, like a hawk flying high looking for prey? Would you like to be the guy who tries to hire younger talent like yourself?
This guy thinks you are weak but smart. Are you weak? Or Are you just smart? If your weak but smart, you will give into the notion that there is security in this man's offer. If your strong, and smart, you will realize you need to regroup and re arm yourself.
Professional Member
He wants your customers. Then you will be miserable and will ot be able to do anything about it. Turn him down respectfully and thank him for the offer.
R2B4BTU
Professional Member*
My experience has been, that for a non-compete to be binding, you MUST be specifically compensated (apart from any other compensation) for sigining the agreement.
Technical incompetence is NOT a sales tool....
Professional Member*
Sign up for membership here. After x number of posts, you'll be granted access to other areas where you can get lots of valuable tips from others like yourself about running your own business. As somebody said, thank them for their "kind" offer and let it go. Then work on fine-tuning your operation. You can turn it into something with a nice cash value then and be able to sell it for a good price when you get older. You're in a big area with lots of potential customers.
Member
time
im young not dumb and i say give yourself 6 months. youll sleep easier and will laugh as you pass those guys van.
pop says " pick it up or put it down you cant do both"!
i grew up in a boiler shop wanting nothing more than to get out of this life sucking industry , im 23 now and running a very successful "small" company .
not every day is payday ,but i go fishing and find alt. to my game plan evolve or die but dont give up.
Professional Member
do not do it
they do hold up in court
no
no
no
true knowledge exists in knowing that you know nothing.
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