restrictive covenant

[fmtjfw]

Drug tests

Drug tests

When drug tests first appeared on the scene (maybe the '80s), we had a lot of federal customers. Whenever one would call with a question (I was the software architect of a operating system popular at the national "energy" labs) I'd always preface my response with "you can't trust my answer because I haven't peed in a cup in the last 30 days." They would always come back with "all right Williams, just answer the question."

I indicated that I would not, as a matter of principle, provide samples for drug testing. This is why:

I and the guy in charge of the 18 wheeler fleet shared the same name. One day I got an envelope with an address so screwed up, it was a wonder the post office had gotten it to the company (150,000 employees). It contained the results for a truck driver's drug test. I raised Holy ____, the powers that be finally assured me that the communications were going to be secured between the testing company and the trucking division to wit: encrypted fax connection to a locked room.

A month later I got a call from the local mail room about the long fax addressed to me.

This happened twice more.

By the way:
1) I've never smoked tobacco (except for 2nd hand smoke)
2) I've never smoked weed (except for walking by a barracks during the Vietnam War Era)
3) I've never drunk coffee
4) I've had 1 bottle of beer on my son recommendation.
5) I'll drink maybe 0.2L of wine on a holiday
6) I'll drink mixed drinks on the islands or a cruise ship.
7) The idea of taking a drug not prescribed by a doctor is just not plausible.
8) When prescribed "pain" pills I usually take the first day or two and then quit.

I had several alcoholic Aunts and I don't want go down that road, even a little way.

 

[Ponchik]

I know local companies that ask (not force) their perspective employee to sign the agreement before they can start working. It is their choice "you sign this agreement you can work for us" and they are very successful service companies.

Just because you guys are laughing at Rewire and making fun of his ways that he wants to protect his company doesn't mean your way is the correct way.

This is a profesional forum. Please don't turn it into Electrician Talk.


I think his intention for posting his OP was to get constructive comments to what he is about to do. Not to get laughed at. If one does not have any constructive comment then don't participate.


One of history’s most quotable women, Dorothy Parker, said, “If you don’t have anything nice to say, come sit by me.”

 

[Rewire]

I don't see how that would be enforceable. First and foremost, because if I were to go to work for another employer, I have to go where he sends me. It would be unreasonable for him to have to keep a list of what areas I'm "not allowed" to work in. Also, it wouldn't be my fault if he didn't have work outside the 25 mile radius. You can't prevent me from earning a living.

Answer the questions below (taken from other posters).

• Does the agreement specify where the 25 miles is measured from?
• Does it prevent the employee from working for an employer who is located in the banned area where the work is actually outside the banned area?
• What is the penalty if I break this agreement?
• What if after my employment with you ends, am I prevented from working for the contractor just down the road, or just prevented from being President, VP, or other executive position.
• If I work for someone else and your customer chooses to hire my new employer...???
• How about if I go to work for a contractor that is based 50 miles away, and they get a contract for a project right across the street from you?

"Upon the termination of my employment, employee shall not, for a period of twelve months from the date of such termination, engage in the business of Electrical contracting as an individual, employee, partner, stockholder, director, officer, principal, agent, or in any other relation or capacity whatsoever within a 25-mile radius of any of employer's facilities and/or office locations."

most of your answers are here as for the rest I have not rresearched that. I am not doing this so I can hunt down ex employees it is simply to protect my interests. I am sure if someone did a one day job across the street it would not hit my radar but if your van was in my area daily that would be different I will find out as we move forward what remedies will be available.

 

[billdozier 78]

perhaps we're going apples to oranges here. Are you stating that I can't work in the field for another company? Or is your concern dealing more with project managers or operating a start up contracting business

 

[Fulthrotl]

you are way over analysing this. It is simply about protecting the business.

really? you, of all people, accusing anyone of over analyzing?

i spent a whole 11 minutes taking the time to explain the problem
as i saw it. and i get a bullshit answer like this in return, while
you continue to debate endlessly your innate wisdom?

i'm done. enjoy your drama fest.

"Are you sure you want to add Rewire to your ignore list?"

oh, HELL yeah....

 

[Hv&Lv]

"Are you sure you want to add Rewire to your ignore list?"

Wait, we can do that?? :huh:

 

[fmtjfw]

Hey guys, the horse is dead, time to walk away.

 

[Fulthrotl]

Wait, we can do that?? :huh:

shh. it's a secret. don't tell nobody.:dunce:

 

[Rewire]

Ned Flanders.....125 channels, and all of them blocked!

 

[kwired]

I know local companies that ask (not force) their perspective employee to sign the agreement before they can start working. It is their choice "you sign this agreement you can work for us" and they are very successful service companies.

Just because you guys are laughing at Rewire and making fun of his ways that he wants to protect his company doesn't mean your way is the correct way.

This is a profesional forum. Please don't turn it into Electrician Talk.


I think his intention for posting his OP was to get constructive comments to what he is about to do. Not to get laughed at. If one does not have any constructive comment then don't participate.


One of history?s most quotable women, Dorothy Parker, said, ?If you don?t have anything nice to say, come sit by me.?

I am not trying to turn this into E.T., and am not trying to laugh at him. If he want's constructive comments, he needs to take into consideration both good and bad comments. The majority of the responses do not seem to like the idea. Maybe they are not the kind of people he is looking to hire IDK. If he wants to hire experienced individuals it appears he will have more resistance to people agreeing with his request. If he wants to hire and train individuals that have little knowledge or experience they may go with it, but he is investing in their training if it goes that way.

And one thing to remember no matter what, is that those employees are people. You can't just erase their hard drive when you get rid of them.

 

[norcal]

I have issues w/ somebody thinking it is their right to prevent an ex-employee from earning a living, just because they may live in the same community as the OP, my reply is if you try to enforce it, I hope the lawyers clean you out, they are usually the only winners.

 

[Rewire]

I have issues w/ somebody thinking it is their right to prevent an ex-employee from earning a living, just because they may live in the same community as the OP, my reply is if you try to enforce it, I hope the lawyers clean you out, they are usually the only winners.

in our state we can inforce a non compete agreement nobody is forced to sign these agreements they probably would not work well for construction type electricians or companies that do construction. A few years back we had an employee who was giving out his personal cell number to our clients he serviced when he jumped ship he even went to clients and told them we were closed and he was taking over our client list. It is not my goal to take away someones lively hood but now we are a small four truck operation but my goal is to be much larger with more employees now I not only want to protect my business from poachers but keep the guys I have working with clients .

 

[kbsparky]

I used to work at a place that developed a non-compete/non-disclosure agreement. It was so filled with legal mumbo-jumbo and nonsense that none of us consented to sign the dang thing. We all were ready to find other work, but they finally caved with the prospect of being shut down with no one available to do any work.

They eventually went out of business due to mismanagement and cronyism at the top level. Everyone eventually left anyways after the paychecks started to bounce on Fridays

 

[hillbilly1]

in our state we can inforce a non compete agreement nobody is forced to sign these agreements they probably would not work well for construction type electricians or companies that do construction. A few years back we had an employee who was giving out his personal cell number to our clients he serviced when he jumped ship he even went to clients and told them we were closed and he was taking over our client list. It is not my goal to take away someones lively hood but now we are a small four truck operation but my goal is to be much larger with more employees now I not only want to protect my business from poachers but keep the guys I have working with clients .

That employee could be prosecuted for fraud, even without a no compete agreement. I think with our no compete agreement, they pay three months severance. But that's with company officers only. I could possibly see an agreement preventing an employee starting a company for a certain period of time, but not preventing the employee pursuing gainful employment with another contractor or competitor unless there is some sort of compensation.

 

[zbang]

"Upon the termination of my employment, employee shall not, for a period of twelve months from the date of such termination, engage in the business of Electrical contracting as an individual, employee, partner, stockholder, director, officer, principal, agent, or in any other relation or capacity whatsoever within a 25-mile radius of any of employer's facilities and/or office locations."

It then becomes incumbent on you to inform the former employee of any/all of your facilities or office locations and whenever they change. It's not up to the former employee to keep track of your facilities. One could argue that by making this restriction, you're can't open a new office within 25 miles of their office.

You're telling that person that if their new employer sends them to a client across the street from your main office, they can't work there. How would that go over if you were on the receiving end of that?

What if the termination is because of downsizing (no fault by anyone)? What if the employee resigns to care for relative in another state, then moves back six months later (and you don't rehire them)? They can't work?

Really, there is no good way do handle this. I could reword things to take some of these points into account, but I'm not going to.

 

[macmikeman]

I said it before. Hay day in court. Easiest win ever, signature or none . There is a mountain of precedence in existence. (not on the side of Rewire). You can't do that to hourly wage earners. Even down there in dogpatch.

 

[jusme123]

We are in the process of developing our non compete clause for our employees this is our first step in protecting our proprietary information so far this is what we have
"Upon the termination of my employment, employee shall not, for a period of twelve months from the date of such termination, engage in the business of Electrical contracting as an individual, employee, partner, stockholder, director, officer, principal, agent, or in any other relation or capacity whatsoever within a 25-mile radius of any of employer's facilities and/or office locations."

next we are going to have a non disclosure agreement to protect out intellectual property such ascustomer lists , pricing guides,training material and marketing strategies.

Our state does inforce very narrow and reasonable non competes so this will benefit us.

....no problem signing it with a 25% raise, with a minimum employment of 4 years, or agreement is null and void.

 

[Stevareno]

I am sure if someone did a one day job across the street it would not hit my radar but if your van was in my area daily that would be different I will find out as we move forward what remedies will be available.

Not "my van". My new employer's van. You wouldn't be able to prove it is me doing the work unless you went out of your way and physically observed or hired a PI.
That renders your NC useless.

 

[Rewire]

I said it before. Hay day in court. Easiest win ever, signature or none . There is a mountain of precedence in existence. (not on the side of Rewire). You can't do that to hourly wage earners. Even down there in dogpatch.

do you play a lawyer on TV?

For example, in SunTrust Investment Servs., Inc. v. Cleary and Citigroup, the federal court for the District of Columbia recently granted SunTrust Investment Services a temporary restraining order prohibiting the defendants (the former employee and his new employer) from soliciting business from SunTrust customers with whom the employee had material contact. The defendants were also barred from using or disclosing SunTrust client information. Further, the employee was ordered to return any records relating to SunTrust?s customers immediately.

 

[Rewire]

this is a link to the more complete version
http://www.ilrg.com/forms/employ-confid/us/mo