General Anyone know anything about non-compete agreements?

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SuperPig

Enjoy yourselves
Aug 7, 2015
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The subject is the main part and they obviously vary from state to state in regards to how enforceable they are...

But, how hard is it going to be to poach a guy from a competitor?

He's a solid guy that works for a shit company. I just took that company's business from 2 accounts this week. He signed a non-compete years ago with company A. Company A sold to Company B last year. Company B has now been taken over by Company C. He's signed nothing for company C.

Soooooo ya think there's a chance?



Thank you for your time.



 

Splinty

Shake 'em off
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Dec 31, 2014
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In Texas they are hardly enforceable. And when they are, they are often easy to buy out.

No one should sign a non compete in perpetuity. I refused to sign one and that ended up being a rather easy negotiating point versus many others. Lowering the distance or having it expire are both reasonable compromises.

If it was years ago, I'd look at the text and find out the penalty. Set yourself a floor for a buyout if needed.
 

Grateful Dude

TMMAC Addict
May 30, 2016
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How does one enforce a non-compete after an employee quits/resigns? In my line of work it’s never come up, and I would never sign one. Doesn’t make sense to me that a company could have any control over you after you’ve quit. Perhaps his non-compete has something to do with working with competitors while employeed with company ABC? Without seeing the contract language, I’m just spitballing here...

If someone resigns from their job, aren’t they allowed to seek employment wherever they want?

Instead of poaching him, can he simply quit his job? (knowing that he has a place with your company). Seems like there could be a discreet arrangement so that there is no poaching, while also leaving his current job without burning bridges.
 

Never_Rolled

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Dec 17, 2018
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Pretty common in medical practices. Usually it’s a mileage restriction no contact with patients or former staff. One in place now with a carve out for one city within the mileage restriction. Those are pretty solid down here. Lots of time back and forth with attys.
 

Tiiimmmaaayyy

First 100 ish
Jan 19, 2015
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Talked to someone today who is getting threatened by her former employer. They let her go and she went to a competitor. Didn’t take any clients with her and they are still saying she can’t work within 25 miles for 2 years. Seems like horse shit to me. Luckily, i haven’t been asked to sign them. A co-worker once resigned instead of signing one. I don’t know how enforceable they actually are, i would assume most places just use them to bully people.
 

Splinty

Shake 'em off
Admin
Dec 31, 2014
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Talked to someone today who is getting threatened by her former employer. They let her go and she went to a competitor. Didn’t take any clients with her and they are still saying she can’t work within 25 miles for 2 years. Seems like horse shit to me. Luckily, i haven’t been asked to sign them. A co-worker once resigned instead of signing one. I don’t know how enforceable they actually are, i would assume most places just use them to bully people.

At that distance I'd tell them to take a hike and bring the lawyers. 25 miles if a 50 mile circle. That's so unreasonable it'll never stand up. She should have a lawyer draft a loaded reaponse and go work wherever she wants.
 

SuperPig

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Aug 7, 2015
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Pretty common in medical practices. Usually it’s a mileage restriction no contact with patients or former staff. One in place now with a carve out for one city within the mileage restriction. Those are pretty solid down here. Lots of time back and forth with attys.
I'm on the sales side of the medical business and they're brutal and silly common. Generally you can't stay within your given territory or your specialty for a defined amount of time.

I've already asked him to send it to me or to have a lawyer look at it so we'll see. The new company is treating everyone like shit and he signed the agreement when he was working for a slightly larger version of my company.
 

Never_Rolled

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Dec 17, 2018
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I'm on the sales side of the medical business and they're brutal and silly common. Generally you can't stay within your given territory or your specialty for a defined amount of time.

I've already asked him to send it to me or to have a lawyer look at it so we'll see. The new company is treating everyone like shit and he signed the agreement when he was working for a slightly larger version of my company.
Interesting. What kind of equipment if you can say.
 

Never_Rolled

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Dec 17, 2018
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Jackson tables, lasers, surgical instruments for urology/GYN/ENT/general surgeries, stirrups, glue, etc..
Good stuff. My GF's laser is crapping out. The power has to be bumped to get the same results at the previous lower settings. She likes it because it's small and dual freq.
 

SuperPig

Enjoy yourselves
Aug 7, 2015
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Good stuff. My GF's laser is crapping out. The power has to be bumped to get the same results at the previous lower settings. She likes it because it's small and dual freq.
Nice.

I have a couple diode lasers as well but we don't offer it for dermatology. We have diode, holmium, CO2.
 

Never_Rolled

First 10,000
Dec 17, 2018
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Nice.

I have a couple diode lasers as well but we don't offer it for dermatology. We have diode, holmium, CO2.
You guys could make a killing on a small derm laser like this at a good price point. There isn't anything out there now as you know.
 

Filthy

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Jun 28, 2016
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If you're pulling <7 figures, not worth the paper they're printed on.