I really wanted any advice on how i should handle this, or if should go through with it or not? Here’s the situation:
As some may know that i used to work for Fish Window Cleaning for 4 months, and while I was employed with them there was a storefront job that i always do.
The owners of the store ( lets say the store is called bridal shower) were always impressed on how well i clean their windows.
Well one day on December '08 they have called fish to hold of the cleaning for whatever the reason they give to Fish. then on January of this year they quite using Fish.
Now working for myself… last week i was cleaning on one of my jobs and i came across with the owners of Bridal shower and of course we asked each other how things are going and etc.
Well they asked me If i wanna clean their windows and i hesitated. I told them that i couldn’t cause they were Fish accounts and that I signed a no compete agreement with them when i worked there.
They told me that they haven’t used fish since December of 08 cause they were too expensive and they didn’t sign any contract withe Fish.
The only reason they used them cause they had no one else to stop by and clean them, and they also mentioned that “its not like you came to our store to get business -
we came to you Isaac and asked you to bid and clean”. I gave them my business card and i told them that i will call them in a week to see if i will clean their glass or not…
Now as for the signed no compete agreement i was not able to get a copy
Anyone here happened to have a copy of fish no compete agreement? so i can see if i should take up this job or not.
I just wanted to do things right cause i really don’t wanna get into trouble.
[SIZE=“3”][B][U]As for any Fish franchisee your input is greatly appreciated[/U][/B][/SIZE]
Fish is the Wal-Mart of window cleaning. All they want to do is put everyone else out of business. I had a run in w/ them over one of my employees that signed a no compete clause w/ me. Fish called me personally & had their lawyer look at the compete clause & said that it was not valid. So they hired my employee & went after my business that that employee did while working previously for me. So to sum it up, take whatever you want from them b/c they can’t do anything about it & its open season on Fish 'cause they SUCK big time!
I say think like a pirate, take what you can and give nothing back! They will probably never know anyways and like you said the bridal store discontinued their service with them so they are no longer their client.
Feeling or opinions about the previous employer are irrelevant.
That being said, I believe your hands are clean here…as long as it happened like you said. You’re not competing becuase they are no longer Fish clients. Additionally, they came to you, not the other way around.
Non competes are designed to stop you from going after their client base. You’re not doing that.
Your former employer would either need proof of you tampering prior to them losing the account, or if you started doing the job while still employed.
Even if they had proof of both they would need to make a $10,000-$20,000 commitment for legal fees to prove and build a case. Courts do not award with out a hearing. First they try to have the two of you work it out through arbitration (big $).
I assure you that if what you say is correct they legally have nothing to stand on, no matter what the contract said. We also have a right to work precedence and the courts will favor that over a contract.
A contract cannot stand up in court that says you can’t make a living doing your trade.
If your intentions were not malicious, no worries.
“I Mr. Wedding Frock - owner of bridal store have taken on the services of Issac M after cancellation of the window cleaning service with Fish. Be it known that I approached Isaac M to handle the window cleaning of the store in reference to a non-compete clause of fish window cleaning & hereby declare this is my wish” Signed, Dated.
No Compete contracts are for employers to hold their employee acountable while they are employed with said employer…
what the hell did I just say…?
In other words, Fish didn’t want you using their tools, equipment, trucks/vans, logo, name, reputation, or otherwise, while on duty or off duty, to clean windows in their area, which would lead to a competition that is unethical.
Once you are no longer an employee of Fish, I am almost 100% sure that they can’t tell you what to do. Like CFP said, most states are right to work states, not right to work for one company only. Fair market is just that. Everyone has their chance to secure as much or as little of the market as they want.
I had a guy try this one time. He went to work for me. He spent less than a week in training before he decided that he was going out on his own to compete with me in my market.
Last I heard, he was hocking vacations for a telemarketer three weeks later with no window cleaning business.
I make all my employees sign the contract, but it is invalid after they leave my company.
True Bert, however if they use “inside information” to get jobs they knew are yours you can fight that with a cease and desist order.
Usually there is a set time frame as to how long you give them in your contract before they can go after your jobs. Minnesota does not recognize contracts that require more than 12 months separation, normally.
12 months is plenty of time as most who quit their jobs rarely stick with their own thing. It is much harder to get work then they thought (which is why they try to steal ours using prior knowledge)
hey guys just a quick update… about a month ago ive decide to visit Fish so that i can get a copy of that non Compete. At 1st she ( the wife) didnt wanna give it to me till she spoke with the district manager which is supposed to visit them in a couple of days ( from the day of the initial visit). I told her that i had the right for any signed paperwork for my records and she agreed but still wanted to wait till she asked her D. Manager. After a few minutes of trying to convince her to get the copy i told her to fax it to me. which she never did…:mad:
So the next month which was last week I decide to pay them a visit again and this time her Husband was the only one in the office. We said our " Heys" and “hows it goings” ( i feel that him and i are still in good terms) and i told him that i never received the fax that his wife promised me and when he was about to respond he got a call from his wife and told her that i was here for the non compete. She told him to tell me that shes gonna fax it to me. I told him that ive been waiting for a month and i still havent gotten anything… so when he hung up the phone with her, he went to look for my file and at the same time he mentioned that in the contract from what his wife told him is that im not allowed to work about 20 miles beyond thier territory. I was like What!!!:eek:! So that Means that i cant work in the city of Houston or any surrounding areas and that i would have to travel to Galveston to work…:eek:
i told him that this is not right and that i do have the right to work and provide for my family. I also told him that i haven’t been trying to take his customers away Although they’ve been wanting me too cause i believe do to others what you want others to do to you. And he agreed with me…
So we left it like that and i didnt mention anything if i was working within the 20 mile radius from his location. and i took the copy and read it and it did say about the 20 mile radius and that its only valid for 12 months from the date i stop working for Fish…
Man, from what I’ve being reading no one of those agreements will hold up in court, specially during these rough times. It’s up to you to take the risk but pretty sure is worth it. Don’t get involved with their customers, don’t put your name out there that much, use your company’s name and you’ll be fine.
Got your message by the way, sorry I haven’t called you back, by the time I finish everyday is rather late to call anybody. Things will slow down soon so we can get together.
Isaac,
STOP trippin!!! Dont even give it a second thought. You are not going after FISH accounts, if you customer base was only their customers, maybe it would be a different story. They see you as a loser that is leeching on their stuff, and that you will fail without their customers. That is not the case. I disagree with the last post about keeping your name low profile, BLAST your name out there because people like you and like your work, associate your name with your company! That is a strength for you. Nobody can tell you where you can work, who is he?? Who is FISH??? Just ignore them and move on with your business. What are they gonna do about it? Check this link out, it says it all…[ame=“http://www.youtube.com/watch?v=GEVMkdScUZc”]YouTube - Jack in the Box Jack at Burger King[/ame]
thanks guys for your replies:D
