As far as carpet cleaning companies go, mine was fairly large. I was up to around 30 technicians in north Texas. When I hired, they signed a non compete as part of their employee or contractor agreement. Now an independent contractor signing a non compete sounds crazy and completely non-enforceable. What I learned from my experienced law firm was that if the contract was reasonable in length and scope it was enforceable.
At least to some degree. Especially if there was proprietary knowledge that the tech gained while working for me.
It's agreed and is a given that he will need to consult a lawyer. The rest here is all personal opinions.
As usual, it depends on states and TX as we know, is very business friendly. However, there could be hardly any proprietary knowledge that belongs just to any business.
What is it?
The angle one holds the wand. The pre-sparay ratio? Thoroughness? Attention to detail?
There is practically nothing he can't learn on this very board (technique or chemistry) that is proprietary to any business, unless it was legally patented.
Now, part of the trick franchises and employers use is intimidation. They want people to believe that they can prevent them, usually, they cannot.
Certainly, he can not use their name, some of their specific marketing or anything that is patented without permission, but he ain't dumb, is he?
Last I've heard nobody yet patented clean carpet. Or taking good care of clients. Unless we are talking about Gerg's famous "package" (for which there are many interpretations here
)
Shelling out hard earned cash to lawyers for a law suite is the last thing I want to do. It's a deterrent and it works. That's how I used it. A franchise, in order to survive, must ensure that the franchise owners can't easily go out and start their own competing business. Otherwise people would be jumping ship left and right. Franchise contracts are very hard to get out of easily. At the very minimum it will cost you big $$$$$. That's the catch. It's like Hotel California, you can check in any time you like, but you can never leave.
With no experience, you can have your own business with all the systems, policies, procedures, training, products, support, etc. handed to you. For the price of admission, that is. Once you know what you're doing the royalties you pay in, not to mention being locked in to buying everything from them, is hard to swallow. They have control. I know two brothers each owned a Rainbow franchise. Both wanted out, which they finally accomplished. It took years and cost a small fortune though. I wish you luck.
This is the US of A. Lawsuits are the national sport,
that's what we do for fun. Anybody can sue anybody. Some companies will sue even if they know they will lose, it's called intimidation. What they ask is: Can you take the financial burden of dealing with the court expenses? Scare tactics, and many times unfortunately it works.
Is William willing?
Is it worth it for him?
I am curious though, if you do go on your own how do you explain to any crossover customers what you' ve been telling them about hot water extraction all these years?
Obviously, the same way they did when they switched to their current "Dry" method!
Or tell them the truth (which may set him free): He's finally seen the light!
Ray W.
...of Rugs to Riches fame
Dallas, Tx