Brian Robison on the Hot Seat.

[XTREME1]

Irish/Jew

 

[sam miller]

Non-competes are based on state law. In most states 2-3 years and 50 miles is the max you can set for the terms. There are some states that will only allow 1 year, unless they were an owner/partner, and or you had proprietary process, equipment, ect.

My non-compete states 100 miles and 5 years, which I have no doubt could be ruled excessive. Looking at other non-compete cases the only ones that seemed valid were ones written for 2-3 years and 50 miles in my state. The problem I have is I don't have 3-5 grand sitting around for a court battle with my previous employer and I would be foolish to attempt to represent myself. Not to mention if I did go work for someone in that area he would simply threaten a tortuous interference lawsuit with that employer and I'd be fired. And I doubt I could counter-sue, so I'd be out more money than I would be able to make back up quickly.

If you had an agreement, and had proof, you would possibly win damages in court, and you could simply fire the sub.

Ya you could no longer furnish leads to the sub. fire is a employee relationship term, Becareful using that phrase and make sure You have an Ironclad sub agreement.

A personal note I actually feel better about being in control of the outcome having sat behind a desk for almost 19 years Middle Management SUCKs.

But the way your doing it Brian is the only way except how well do You screen your subs? what kind of training or certs do they need???

 

[Brian R]

Sam...for the record (and Crowley) I don't use subs that often anymore.

The ones I did/do use are usually O/O or even companies that have their own thing going. Almost every sub I used in Sacramento I knew the guy or company before I used them

Here in Dallas I went off of referrals.....got screwed.

Las Vegas I use a bigger company that will do whatever work I send them.

ALL were insured and licensed.

The Non-Compete is a Non-Issue for one simple reason. I will track and market to my customers better than most and any jobs that ARE taken by them won't make it worth the effort,time,money of going to court. I'll just get more customers. !gotcha!

There's more to it than that but you get the idea.

 

[ruff]

As Larry says: If it works both for the sub and for Brian, great for all.

Once the sub feels that it is not working for them, they will do what they think will work for them.

Yes, within its limits non compete may act as a deterrent, (though if I understand the law accurately, it can not be so strict as to prevent a person from making a living.)
However proving the actual damages will be very difficult not to talk about collecting.

If Brian is smart, and I am sure he is, he will find a way to make his services to the sub valuable.

All deals work better, if both parties benefit.

 

[XTREME1]

Brian with all your limitations you should seriously start looking at VCT.
I had 1 truck running today and I worked this morning on a 5 am VCT job for a battered womans shelter all common areas 4 hours and $1100 later I was at a restretch and lclean at a law office $400 I was home by 10 am(I didn't clean the law office Matt did I just stretched and went) Matt was done with the law office by 11 $1500 by eleven and then 2 more jobs for a grand total of $1887

So if you break it down I did the early morning and then matt met me at the law office at about 9:15 he worked4.5-5 hrs I worked 4 hrs the VCT was the lions share

 

[Brian R]

Funny you say that Greg....I was watching the Orbot vid today doing VCT. I will need some training......or the search tool (not Bawb) on Mikey's Board.

 

[Greg Cole]

WTF does Brian's costs vs the costs of the contractor have to do with what he should make on the job?

pay attention Cole

and read my lips...I DON'T GAF WHAT BRIAN CHARGES
If both parties are agreeable, it's all good...same for YOUR subs
I don't GAF if they get 2%...if it's all above board and they agree...it's a legit deal


my POINT was, is and always has been, Brian telling the subs his expenses are equal to theirs .

I'm not talking about YOUR expenses or anyone elses .
I'm talking SPECIFICALLY about BRIAN'S expenses ...nOT what he "charges" a sub for his services, but the implication he makes that his expenses are equal to the sub's



..L.T.A.

Strange that he would even discuss his expenses with the subs.....

 

[Brian R]

Other than just letting them know that I have my expenses with every job, I don't go into specifics.

Either they don't know or they know. I've never had a sub ask me what my expenses were itemized.

If they do know the expenses of getting a job....they are cool with it. It's the ones that have no idea that usually think it's not fair. Go figure.

 

[sam miller]

Sam...for the record (and Crowley) I don't use subs that often anymore.

The ones I did/do use are usually O/O or even companies that have their own thing going. Almost every sub I used in Sacramento I knew the guy or company before I used them

Here in Dallas I went off of referrals.....got screwed.

Las Vegas I use a bigger company that will do whatever work I send them.

ALL were insured and licensed.

The Non-Compete is a Non-Issue for one simple reason. I will track and market to my customers better than most and any jobs that ARE taken by them won't make it worth the effort,time,money of going to court. I'll just get more customers. !gotcha!

There's more to it than that but you get the idea.

Sounds good, the noncompete probably isnt enforcable..The solicitation of furnished leads like leaving personal phone numbers is a good reason not to keep giving leads, Those types are just building thier own client list off your efforts.

 

[Brian R]

Chem-Hack had an iron clad non-compete. When I worked for a guy in Sacramento for a while he switched out of Chem to steam. He never had an issue.

Was it a risk? Yes.

I think he might have used his wife's name or something....I didn't ask. I didn't hang around too long after that. That was my first experience with cleaning with "HWE" only.