Clean It Up
UK Window Cleaning Forum => Window Cleaning Forum => Topic started by: richywilts on June 08, 2012, 02:30:51 pm
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does anyone have a waiver form for ex employees not contacting and signing up your customers
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I have it written into my 50 page employees contract
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Unless they sign it when you employ them it would be hard to enforce, hard to enforce in any circumstances...
Getting someone who leaving to sign it would be hard if thats what they have in mind and you cant make them, you cant even withold their wages unless it was in their original contract as its illegal....
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HES AGREEING TO SIGN IT,
HYDRO COULD YOU SEND WHAT YOU HAVE WROTE PLEASE IN YOUR CONTRACT
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The daft thing is if he is willing to sign it you probably dont need it....
I will look at our licence agreement and see if that would help, it would only be a short document though...
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ive just checked the contract he signed and it says
Restrictive Covenant:
During anytime with your employment with the company you will not compete with the company or carry on any activity that is likely to damage the companys business interests.
When you leave the companys employment you will not approach any of the companys existing or former customers with the intention of procuring that customer as a customer of a competing business. Nor will you carry out any activity that is likely to damage the companys business interests.
would this cover me in court????
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Why are you worried?
If he is agreeing to sign a document at this stage even though he has no need to then I would think he has no intention of poaching your customers.
Even if he does, the cost of loosing a few customers compared to the solicitors cost of legal action would not be worth it.
Part on good terms and trust your customers are loyal. If you lose any then you maybe need to look at why.
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HES AGREEING TO SIGN IT,
HYDRO COULD YOU SEND WHAT YOU HAVE WROTE PLEASE IN YOUR CONTRACT
31. Non-solicitation/non-competition (this clause is/is not applicable)
The parties agree that the following clauses are wholly necessary and are reasonable to protect the legitimate business interests of the Company. The restrictions contained in Clause 31 below are considered reasonable by the parties but in the event that any restriction defined below shall be found to be void, would be valid if some part thereof were deleted or the period of application reduced, such restrictions shall apply with such modifications as may be necessary to make them valid or effective.
31.1 During your employment you are likely to obtain trade secrets and confidential information and personal knowledge of and influence over Pure HYDRO Cleaners Ltd.’s clients, suppliers and employees.
31.2 The employee covenants that they will not, for a period of 12 months from the Termination Date (less any period of garden leave imposed by Pure HYDRO Cleaners Ltd) (in the area in which they worked or were seconded) on their own account or for or with any other person, directly or indirectly carry on or be engaged in any activity or business which is or is intended to be in competition with the business of Pure HYDRO Cleaners Ltd which was carried on by Pure HYDRO Cleaners Ltd at the Termination Date and with which the employee was concerned or connected at any time during the 12 months prior to the Termination Date.
31.3 The employee covenants that they will not, for a period of 12 months from the Termination Date (less any period of garden leave imposed by Pure HYDRO Cleaners Ltd) set up in competition with Pure HYDRO Cleaners Ltd, on their own behalf or for or with any other person, directly or indirectly solicit the custom of Pure HYDRO Cleaners Ltd clients.
31.4 The employee covenants that they will not, for a period of 12 months from the Termination Date (less any period of garden leave imposed by Pure HYDRO Cleaners Ltd) set up in competition with Pure HYDRO Cleaners Ltd, on their own behalf or for or with any other person, directly or indirectly entice or try to entice away from the Company any person who was at the Termination Date and/or any time during the 12 months prior to the Termination Date a senior or key employee or partner at Pure HYDRO Cleaners Ltd and with whom the employee had worked closely at any time during that period.
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ive just checked the contract he signed and it says
Restrictive Covenant:
During anytime with your employment with the company you will not compete with the company or carry on any activity that is likely to damage the companys business interests.
When you leave the companys employment you will not approach any of the companys existing or former customers with the intention of procuring that customer as a customer of a competing business. Nor will you carry out any activity that is likely to damage the companys business interests.
would this cover me in court????
no
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The problem with these clause's is that although you could go to court if an ex employee breaks the terms it may cost you more to enforce it than it is worth.
You need to consider court and solicitor costs which even if you won you can not assume the other side would have to pick up the bill.
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The problem with these clause's is that although you could go to court if an ex employee breaks the terms it may cost you more to enforce it than it is worth.
You need to consider court and solicitor costs which even if you won you can not assume the other side would have to pick up the bill.
of course this is true and if court action was needed it would be the last action, if any of my previous employees started up in competition I wouldnt mind and if they picked up the odd job here and there from leaflets etc so what, but if they started to target my customers because of the information and knowledge they have and I started to lose work wholesale, or they targeted my commercial contracts, I would not have a 2nd thought of using court action
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It could only be a civil action case and getting any money could be near on impossible and they would just end up with a ccj, it would cost way more to chase than replace the work....
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I might of missed it but there is no mile exclusion area from the business. And most time the agreement must be reasonable and 12 months might be a little harsh and unreasonable.These solicitors draw these things up so badly and if it flunks in court its your problem.
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has anyone ever had problems where it got so bad that they have taken an ex employee to court over this type of thing.... interested to know cause i wouldn't take that route personally
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its all not worth the paper its written on to be honest. Takes time to take them to court etc by the time they are served with details etc you probably would have no business left it takes months and months
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Unenforceable IMO. Its a free world once they leave your employ, they have just as much legal right to earn a living (part of the human rights act) as you have and to walk down any street they want with or without a ladder.
Okay, it's enforceable, but no more than the silly terms and conditions some window cleaners on here dream up. You WILL have your windows cleaned 13 times a year.