NON COMPETE AGREEMENTS
tink 10-30-2006
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IT HAS COME TO MY ATTENTION THAT PUMP COMPANYS ARE HAVING EMPLOYEES SIGN NONCOMPETES. THIS IS TOTALLY UNFAIR TO THE PERSON SIGNING UNLESS HE IS COMPENSATED FOR PERIOD OF TIME THEY WISH YOU TO STAY UNEMPLOYED. THEY ARE ALSO VERY DIFFICULT TO ENFORCE BUT CAN BE EXPENSEIVE TO DEFEND  DONT SIGN THEM UNLESS COMPENSATED FOR IT....!!!!!!!!!!!!!!!!!!!!

Todd 10-30-2006
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I think they are illegal in California. This is a right to work state. If you pump they can’t keep you from doing it. But I am not a lawyer.


bigstick 10-30-2006
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I know that in Florida that a noncompete clause, even if you sign it, it will not hold up in court.  However, you will still have to go to court.  And get a judge to prove it.  Florida is a right to work state also.  Just beware that some big companies will do anything to keep you from earning a living.

Bob 10-30-2006
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I can see both sides of the non compete issue. Both are valid but I think the owners have the stronger hand, when they are used fairly.

In comes an individual that wishes to go to work for your company but has no skills. Six months after he is hired and trained he hears on the Nextel that XYZ is paying $1.00 an hour more, or has more work and can give him more hours. Off he goes, leaving the company that trained him with no 'return' on their training $$ spent.

That is why there are non compete agreements.

To all of you that think that just because you live in a right to work state that this does not apply to you............................... let me ask you a question.

Are contracts legal in your state?

This is a contract. Like you will sign with the lawyer you hire to try and get you out of your 'employment contract' (non compete).

When used in this manner, I think the employer has the moral high ground. and legal too

When you hire-on with a new company, and you know your stuff, you are a professional operator,when the non compete enters the picture; at that point you need to find out 'what comes with it' what do I receive for the "Legal Loyalty". RIGHT THEN is the time to ask the questions. And O-BY-THE WAY. The questions and answers need to be in the same form as the non compete. Write it down and have it signed by both you and your new employer. Each of you need to keep a copy. 

That is how to handle a non compete. Not just sign away and then bitch about it later while you are trying to figure out how to take care of your family............. and pay a lawyer.

YOU MAY BEAT THE RAP - YOU CAN'T BEAT THE RIDE.   


CoastPumper 11-01-2006
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The only reason a company tries to make an operator sign something like this is they are very insecure and have a history of *^&*&%( with their employees.  If they did not have this a tactic to scare and intimidate people then they would have NO employees.  Quality Companies hire the best and pay the best and they don't worry about such nonsense.  I would like to know how many of you out there that are not owners (a non compete in a sale of a company is a different matter) have signed such a document.  I no of several operators that are considering a class action lawsuit.

Bob 11-01-2006
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A (NO) class action is a poor idea. You signed the thing, no one made you. You probably could have gone to work many places; you chose that place and signed. What is there to bitch about? YOU did it, live with it.

That is about as silly an idea as all of the people that bought, but can't make the payments on, a new Chevy calling for a class against GMAC.

I have been asked to sign those non compete contracts and I refused, and would again if asked.

I have made some really stupid moves, and have paid the price. You are, as an adult, responsible for your actions, deal with it.


CoastPumper 11-01-2006
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Yeah I misspelled no it should have said KNOW. Using your logic then every company in the world can force you to sign a no compete that you cannot work for anyone else in the same industry. Have you thought about how stupid that sounds. If you work for Wal-Mart you could never quit and work for Sears. If you work for 7-11 you could never work for git and go! Companies that threaten and intimidate workers should be held accountable! The only way any work non compete should apply is for selling a company or you have been given a large amount of money to go to work as a bonus or sent to a Bonafide US Dept of Education School.

tink 11-01-2006
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I can feel thee emotion I love passionate people..

CoastPumper 11-01-2006
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Ya just might find some love and passion on the Mississippi Gulf Coast, try it you will love it!

Bob 11-02-2006
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Coast man,

Check it out. My logic is obvious by the fact that I have and never will sign a non compete. I don't understand why anyone would ever sign one. At the same time I totally understand why an employer would like you to.

And, o-by the way, YES they are being litigated, and it is expensive to hire a competent lawyer to get you out of one. My personal solution......... don't sign. If you do, live with your agreement.


CoastPumper 11-03-2006
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Mr Bob, 

While you may be smart enough not to sign one, you would be surprised at how many do.    Once again using your logic we should never put safety plugs in outlets to keep little kids from sticking in a fork.  Yes most kids are smart enough not to do it but then we still have to protect those who are not.  There are still a few slick talkers around from the old days that convince people to work for nothing with the promise of big rewards.  Your position is if you are stupid enough to belive such nonsense or stupid enough to sign a non compete then you have to live with it.  I agree with that part however those that take advantage of others should also be outed not protected!  No offense to you but to just sit back and let it happen and say I am glad I am too smart to fall for that is how countries fall in the end.  VOTE!

 


Bob 11-03-2006
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I agree with you 100%. Children should not be responsible if and when they sign a contract.

An adult should be.


tink 11-06-2006
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Don some company's are doing it with there management and there operators some states will go along if thee individual recieves value such as training....

DougM 11-06-2006
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I've yet to see one stick unless the person under contract is being paid or has been paid a sum not to compete for a specific time period. It usually takes cash, as in a salary or within a purchase agreement to be enforceable.

CoastPumper 11-06-2006
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and when the legal threats don't work operators get mysterious phone calls asking if their truck was still working ok or are you ready to give up before your truck has an accident - of course while reported to the police there is no proof of who said it and when - just standard operating procedure for some people I guess