What would it take to buy you off?

[SULPHITE]

SP, I am assuming you've never signed a non-compete

[Matt G]

Originally Posted by SULPHITE

SP, I am assuming you've never signed a non-compete

La. R.S. 23:921

Non-competes are generally non-enforceable in Louisiana.

[skeeter10]

Originally Posted by Matt G

La. R.S. 23:921

Non-competes are generally non-enforceable in Louisiana.

A little off topic but I'm glad you brought this up Matt. I heard that they are not enforceable in LA because the law states that you cannot take away a person's ability to make a living - meaning that you can state that the company you are starting performs the only act or skill set that you know how to do. Is this correct? Hopefully someone smarter than me could shed some light or find an actual law/guideline that states this.

[SULPHITE]

well thats good lol...i just signed one...

[Matt G]

I'm not an attorney so please don't walk into court saying Matt on saltycajun said so! Lol. I had this discussion in a BLAW course with my professor and this is what I got out of it. I'm sure there's an attorney on here that can shed some light on it.

[hawgsquatch]

One thing you might mention to these guys is if the boss could afford to pay this before why didn't he. Did they suddenly become worth more or is he scared. How is he going to come up with this cash ? Probably by replacing them with cheaper units once the scare is over, if you ask me.

One thing for you to consider is if money is the only motivator, then you are probably better off with fresh blood than with prositutes.

Knowledge is one thing, but sales takes a certain personality and a belief in ones product and company culture.

I hope you are still hiring in 5 years when I retire out of here and move there.

[simplepeddler]

What I mean by the 8 days to make offers:

In our industry (sales in general) it is common for "teams" of people to leave a company.
We pair our outside/inside guys with customers and it does leave the company vunerable.

Knowing that many companies make offers to people to get them to stay prior to them even mentioning leaving.....

I had dinner the VP of Operations two days after I left. He is a dear friend and has known for several years now that if the right opportunity presented itself I would leave.
He was totally aware of my intentions and at dinner that night, when he asked how many people are you taking.......I responded.....as many the fill out an application to come.....

I posted the jobs.......and all but two employees filled out an application.


So they had time to shore up the team before I made any offer.

As for as non-competes.......they have wanted me to sign one for years now. Offering me some pretty good coin in a one time hit to sign one......I have always politely declined.

Non-competes are non enforceable.......BUT.....companies can tie you up in court and drain your pocket book by getting the case in front of a judge......

My CEO has done that to folks......



SOOOOO.......

Yesterday on his departing from the place he informed the remaining employess that I was a "cult" leader.......just like David Coresh (sp) of the Branch Dividean (sp) in Waco.
That he had exstensively read up and studied cults and that they where witnessing it first hand.......Oh my goodness the man is a quack

[eman]

Originally Posted by simplepeddler

What I mean by the 8 days to make offers:

In our industry (sales in general) it is common for "teams" of people to leave a company.
We pair our outside/inside guys with customers and it does leave the company vunerable.

Knowing that many companies make offers to people to get them to stay prior to them even mentioning leaving.....

I had dinner the VP of Operations two days after I left. He is a dear friend and has known for several years now that if the right opportunity presented itself I would leave.
He was totally aware of my intentions and at dinner that night, when he asked how many people are you taking.......I responded.....as many the fill out an application to come.....

I posted the jobs.......and all but two employees filled out an application.


So they had time to shore up the team before I made any offer.

As for as non-competes.......they have wanted me to sign one for years now. Offering me some pretty good coin in a one time hit to sign one......I have always politely declined.

Non-competes are non enforceable.......BUT.....companies can tie you up in court and drain your pocket book by getting the case in front of a judge......

My CEO has done that to folks......



SOOOOO.......

Yesterday on his departing from the place he informed the remaining employess that I was a "cult" leader.......just like David Coresh (sp) of the Branch Dividean (sp) in Waco.
That he had exstensively read up and studied cults and that they where witnessing it first hand.......Oh my goodness the man is a quack

Looks like SLANDER case to me ? You could now tie him up in court and drain his finances ????

[simplepeddler]

eman........likely is.......but he has MILLIONS of his daddy's money to play with

[Sightwindow]

Originally Posted by eman

Looks like SLANDER case to me ? You could now tie him up in court and drain his finances ????

Why would SP tie up HIS finances going to court over such a thing. Attorneys and suits cost money.

I love it when people who have never dealt with any kind substantive legal procedure say "You should just sue" like it's no big deal. Time, money, energy.

[simplepeddler]

Originally Posted by Sightwindow

Why would SP tie up HIS finances going to court over such a thing. Attorneys and suits cost money.

I love it when people who have never dealt with any kind substantive legal procedure say "You should just sue" like it's no big deal. Time, money, energy.

yea.....it's just a hair ball.......
Eman is just trying to defend a SC brother!

but I can tell you, that is the first thing that comes out of people when they hear this story......

[Sightwindow]

Originally Posted by simplepeddler

yea.....it's just a hair ball.......
Eman is just trying to defend a SC brother!

but I can tell you, that is the first thing that comes out of people when they hear this story......

I hear ya. It's just ridiculous the attitude people have towards lawsuits. People who say "Why don't you just sue?" are people who have never been involved in the process. Like Tony Soprano once said of Uncle Junior "..legal bills that would make you wanna gargle Drano"

[LPfishnTIM]

wow, label you as a cult leader, thats just retarded insecurity! Non compete agreements legally can't keep you from starting a business that competes, but it can legally keep you from taking clients and co workers. you have the right for free enterprise, but to most its unethical to take previous clients and co workers with you when you leave. Now if they went after the fact because they are become unhappy that is another story. I think your covered since they refused offers of higher salary to leave with you, and there is always more to the story then said. Good luck with your company.

[jlsch1]

Lets see I have been in sales since 1995.
I worked for a solid waste company which I helped grow the business and I didn't get crap but kick to the door due to they had a crappy sales force.
Some key guys who helped start first business and I got together raised money and took on old company I helped grow sales in.
They laughed at us until we started taking away their business quickly due to the employees used we are "xyz" instead of I am john doe and give you best service possible you buy from me and I stand behind what I sell. Not only say it, but do it.
They tried throwing noncompete clause which is illegal in Louisiana and we all counter sued and won our case.
YUP IT IS SCARY, IT TAKES MONEY, BUT TO BE IN BUSINESS FOR YOURSELF THAT WHAT YOU DO COUNTER!

That big company destroyed themselves getting away from what made the business.
Simple we gave the customer a good service, for a good price, controlled operating cost, rewarded employees for good work, and made good money.
The old customers with prior company went to us due to we had a good service.
Big companies typically people don't control operating cost, make excuses for bad service instead of solving problem, and get caught up in middle mgmt ego issues.
NOTHING EVERY GETS DONE DUE TO NO ONE SAYS THIS IS MY PROBLEM AND I WILL SOLVE IT TO HELP CUSTOMER GET WHAT THEY WANT DUE TO THEY PAY MY SALARY!!!!!

I sold off the business to a good group of investors that want to be sucessful and now do something else.
I get lazy HR people calling me asking me to sell for them in the same industry.
When they ask why I am in sales I say, " due to I make my own salary. I made more than people working 9 to 5 and my hours are my customers hours."
I know what to do to keep my sales pipeline full I don't need a baby sitter.
Human Resource morons don't understand due to they never been in sales and get offended.
Funny when I ran a company I never let HR hire my sales people, interview my sales people, or say anything to my sales people.
I made the decision due to I worked with, trained the people, and they made me money not HR.
One place I solved their SALES TERRITORY issue after talking with their sales manager I said to HR you need to fire that moron and get a real sales manager.
Guy made every excuse why the territory he wanted to hire me for was doing bad instead of offering solutions to the problem.
If I was his boss I would fire him not thinking twice due to guy was one big excuse no solutions.
A good sales manager leads, has a good focus, good game plan, finds solutions to problems, and does not make excuses he or she makes sales.
HOW CAN YOU OFFER YOUR POTENTIAL CUSTOMER SOLUTIONS IF YOU DO NOT HAVE SOLUTIONS OR BELIEVE IN YOUR SERVICE OR PRODUCT.

I would rather give up a big salary to go straight commission and get what I am worth due to you cannot take what I am worth away from me.

You can take my industry away from me, take my customer base away from me, and you take every penny away from me I can still go to a new industry and make a living.

[Jrchip1]

Nobody ever pays you a penny more than they have to !! Giving someone a % of the company would say more than anything else.

[eman]

Originally Posted by Sightwindow

Why would SP tie up HIS finances going to court over such a thing. Attorneys and suits cost money.

I love it when people who have never dealt with any kind substantive legal procedure say "You should just sue" like it's no big deal. Time, money, energy.

Hmmm i have been in a prolonged legal procedure (Over 3 years) and yes it cost time and money. But IF your atty is good and he knows you have a winnable case he will take the case on a contingency basis and get his $$$ out in the end.
Yes we won our case and did get some $ out of the deal .The atty got most of the award and that was ok w/ us as the lawsuit was just to prove a point and we were not looking for a financial wind fall.
I agree that while trying to set up a new venture would not be the best time to be involved in a trial.

[jlsch1]

I do agree with eman that cash, cash, cash, capital, good cash flow is important to any business especially a start up business. That what they bank on when they try to tie you up in court.

Our attorney did work with us on financing the case which I did not mind him getting the money he got due to he earned it.

When we got sued after the company we worked for was bought out. They said we had a non compete agreement. We never had non compete agreements when we were with the company that was bought out. We were never employed by the present company that sued us. They did not come after until two years after the buyout when the company we formed started taking their business away.

It took about 2 years to settle the case.
They wanted to give us next to nothing to settle right away.
I figure if they wanted to try to tie up our capital we would tie up theirs then take it.
When the company that sued us finally was fixing to get bought out again they wanted to settle at any cost.

[simplepeddler]

update..........there is only one salesman left...... only ONE person has taken the money.....three more I would like to have

[Natural Light Kid]

Originally Posted by simplepeddler

update..........there is only one salesman left...... only ONE person has taken the money.....three more I would like to have

That's awesome. There is still some good in this world. Congrats!

["W"]

Originally Posted by simplepeddler

Yesterday on his departing from the place he informed the remaining employess that I was a "cult" leader.......just like David Coresh (sp) of the Branch Dividean (sp) in Waco.
That he had exstensively read up and studied cults and that they where witnessing it first hand.......Oh my goodness the man is a quack