I agree with the spirit of Steve’s posts. Legal questions are one thing. Far beyond that is THE GOLDEN RULE- “Let your yes mean yes and your no no.” You read it and signed it.
But everyone has a conscience and needs to deal with it.
I would also be honest with your employer and tell him you want to strike out on your own, ask him what he wouldn’t consider an infringement on the signed agreement and for one year abide the absolute bare bones of what was signed. You might find that in one year you are doing decently for yourself and have a good conscience to go along with it.
“no coverage to vehicle operating costs.”
Does this mean that you don’t get reembursed for gas mileage? That’s not right. Unless your commission was so high that gas was included, but it doesn’t sound so. I would try to talk your employer into at least giving you more for driving your own vehicle.
I have my employees sign non-competes but it’s mainly because I don’t want them stealing my customers. If they leave my employment and want to solicit their own business, I think that’s fair. Even though the agreement says that they can’t for a year. I think they will find that running a business is harder than they think and most won’t be able to cut it. Also, the non-competes are signed under duress, meaning that they are forced to sign it to get the job in the first place. They would not get hired for the job if they didn’t sign it. Check with a lawyer is the best answer though.
I would disagree with this, i dont think it shows a lack of integrity i think it shows motivation and wanting to better yourself…but i wouldnt do it in your bosses area at least for a year, find your own customers…i wouldnt make ememies w/your current employer…any chance of eventually taking over/purchasing his company?
Kurt: “Does this mean that you don’t get reembursed for gas mileage?”
I make about the equivalent of $10-12 an hour while working ( not counting drive time between very spaced out routes) and am paid a 3% commission extra to cover vehicle costs which is pennies if you do the math.
sounds like a lot of wear and tear on your vehicle for very little reimbursement
the
the guys makin 300 every 2 weeks! did you read that part?
anyhow i’m in the same situation. my advise is to ask a family member or good friend to be owner and have you workin for him. if he or she does not want to work w/ you in the field, just give em’ a couple bucks here and there…now get to work!
These non competes should only apply to management never to employees. I don’t even think you can enforce one of those here in Canada.
Your telling me he has over 1.2 million customers ? Hmmmm pretty hard to believe ! Tucson is a pretty big city and if he has the whole city under his belt then you should be coming home tired as hell ! All i have to say is go out and do it and beat him out of his own game but have RESPECT for the man if in fact he did train you to become a window cleaner ! Like some posts said … dont invade on his customers which is fair and if you worked for him you know some what know his area/s
Making $ 300.00 every 2 weeks and using your own vehicle ? WOW you would make more working at WENDY’S flipping hamburgers !
Being your own boss is one of the greatest feelings knowing that you are in control of your future ! Just be prepared to work harder and have the mindset of FAILURE IS NOT AN OPTION ! There are highs and lows whether you are a business owner in window cleaning or anything else you are into. I can’t say don’t worry about this economy thing that is going on even though it has slowed a some down but there are people still spending money to have windows cleaned just like people are buying new cars … Look at all the new CAMAROS on the road for example. The best thing that a guy told me was that sales are a numbers game ! For every NO you get it means your getting closer to a yes ! and if sales were easy … everybody would be doing it. Don’t sell your self short because it will hurt you in the long run.
You are in the right place and there are so many people here to help you ! there are more POSITIVE then there are NEGATIVE here in these posts but all in all the people here are awesome.
Come up with a good name and have a great business plan. Get cards printed,shirts printed your truck lettered or wrapped and if your budget allows to get a webpage. I am sure you are a pretty sharp person … So GETBUSY and light the world on fire
I’m currently in the same situation. I worked for FISH for 2 years (w/ non-compete) and then decided that, heck, window cleaning is a viable business and with some effort I could do just as well by myself. I never even thought about the non-compete when I started because it was just a job at the time. After learning the business I knew differently.
So here’s what I did. I leveled with my boss. I told him that I wanted to do this by myself because I wasn’t making enough to get by working for him. We talked about it honestly and he just wanted me out of his active marketing area (and current customers) for a year. He let me market in other areas of the city which I did. I also got a gig w/ a maintenence company doing work that FISH never would have done because of the price of jobs. So now I have a lot of business while still not competing with him.
I don’t really care if the non-compete is enforceable or not. I signed it. And even though I didn’t know I was going to start my own business I still signed it. And I also learned a lot about the business including marketing, how to clean windows, paper work., etc. So I’m honoring it enforceable or not. They showed me everything I needed to get started doing my own thing. And I just feel obligated as a gentleman to honor the thing. What comes around goes around. I say honor your agreement and haggle it out with your employer. I don’t know what kind of guy or girl they are but perhaps they are reasonable. Did you learn window cleaning from ths company?? If so, they trained you and you now have skills that you didn’t have previously. And now you want to use these skills to go out on your own. (Same thing for me)
Some posters seem to think that because you are only making a few hundred dollars every couple of weeks that this should, for some reason , excuse your agreement. Were you promised (or contracted) a certain number of jobs a week?? Just because you’re not getting enough work isn’t sufficient reason to disregard your agreement. We don’t know what kind of initial arrangement was made as far as employment and compensation. Maybe it was just part time from the get go.
I do however sympathize as I was not making anough either. I guess a certain amount of luck and compassion allowed me to go out on my own. I’d say talk to your employer first and see if you can make any ground there. Good luck, I know what it feels like.
And as far as the gas goes, we never got any compensation either. They just tracked our mileage for deductions which in the end turned out to be worthless. And if you feel you need to talk to a lawyer you might see if there is a SCORE in Tuscon. They can provide you with some free advice. A lawyer will cost you a weeks pay.
I am kind of amazed here im in the minority but im sorry you give your word you keep it. Sounds like your job sucks, get a new one and quit. You want to start you own bussiness? Cut lawns, buy a pressure washer, trim shrubs, hell pick up dog turds… theres pleanty of things you can do for the same or less cost then window washing. You read the agreement and signed it so you can get that job, he gave you the job because you gave your word by signing the agreement, so you keep your word.
Talking about how it is not fair that he is not paid for gas or millage he agreed to this. He was told wages and 3% comp when hired im sure. If you would toss away the commitment and he took you to court I would hope he wins, even if it isn’t right you agreed to it. When I started my company I bid a house to do her windows super cheap because I needed the work. I messed up the bid and they were pella casement windows that need to be taken apart and cleaned and had double the panes of glass I expected when I bid it. I did not ask for more $, I did not walk away I kept my word and worked for 2 days on her house making about $4 an hour. I explaned AFTER getting paid that I could never do these windows at that price again and why. She has got me a few friends houses and im scheduled to do her again in the spring. My point mabie this is a good thing, your not making $ window washing see what else is out there.
Hmmmmmm … WOW !
Just kinda wondering if you woke up one morning and said , I think i am going to have a windwo cleaning business ?
C’mon buddy… Give the guy credit for wanting to improve his financial freedom ! If he is good at what he does i give the guy credit for wanting to go out and make his dreams come true ! For what its worth he may find that it may be too much for him to swallow or even better yet , He might be the one to really succeed and build a awesome business for himself ! There is a lot of glass to clean in his area … Like 1.2 million people live there ! The onlything he did was stated his concerns and wanted a little advice.
Or here is a thought … Maybe he should move to OHIO where you live and invade on your area ! He would then be out of ARIZONA right ? l LOL ! I do believe in what goes around comes around but the guy is not saying he is going after his customers !
I also understand that this is a forum to post things and there is going to be different oppinions so do not take this post wrong !
There is more glass in this world than all of us put together can clean !
Hear! Hear!
If you don’t like your job, quit. If you want to start a business, fine. Just not window cleaning. You gave your word. Don’t look for ways around it now.
I wouldn’t trust anyone that did what you are asking about and I interact with most of the window cleaners in my area.
