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Security company non-compete Clauses

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  • Security company non-compete Clauses

    Anyone work for a company who maintains a non-compete clause upon being hired?

  • #2
    Not currently, but I used to... Basically said that as long as you're working for them, you absolutely cannot work for a competitor (as a second job)... Also stated that once your employment has ended, you agree not to go to a competitor and share their 'trade secrets' or try to get clients to switch to the competitor.....
    Corbier's Commandos - "Stickin it to the ninjas!"
    Originally posted by ValleyOne
    BANG, next thing you know Bob's your Uncle and this Sgt is seemingly out on his a$$.
    Shoulda called in sick.
    Be safe!

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    • #3
      Is a non-compete enforceable if the company you are with has no jobs for you once the contract is terminated and not due to anything the officers did but simply because the company lost the contract?

      Simply put, 150 officers are about to be laid off after the company stated that they would not enforce the non-compete. Even better, less than a week later after we started to apply with the new company, our company did enforce it. They have no other accounts to place us at, and claims they will now fight any unemployment claims filed.

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      • #4
        If you work for PerMar as I do, you have a clause stating that you will not work for any other security company.
        Murphy was an optomist.

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        • #5
          We can work for other companies but can't work back on the account we are being terminated from for 1 year. We can go back after that. But we can work for the new company just not at the site.

          But here is the thing, we will take significant pay cuts, no one wants to match it, we will lose all seniority, and any accured vacation time.

          My question becomes if our current company does not have any positions for us upon termination of this contract with the client, is the non-compete still enforceable?

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          • #6
            Way back in the begining I worked for Pinkerton. We had to sign an agreement saying that we would not work directly for the clients. In those days a lot of companies would cut out the middle man & hire their good guards in-house, cutting out the security agency. Now-a-days it is completely opposite. In-house froces are always being taken over by contract agencies.
            I enforce rules and regulations, not laws.
            Security Officers. The 1st First Responders.

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            • #7
              I worked for a company that said we could not leave the co. to work for a client. We could also not work for that client under any other security co. for 1 year.
              "Alright guys listen up, ya'll have probably heard this before, Jackson vs. Securiplex corporation; I am a private security officer, I have no State or governmental authority. I stand as an ordinary citizen. I have no right to; detain, interrogate or otherwise interfere with your personal property-... basically all that means is I'm a cop."-Officer Ernie
              "The Curve" 1998

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              • #8
                Our employee manual states that we can't work for a competing security company.
                Hospital Security Officer

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                • #9
                  well, if they don't have anyplace for you to work, might I suggest you take your vacation time then?

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                  • #10
                    Does that apply to in-house operations?

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                    • #11
                      No Complete litagation..

                      Per most all Security Agencies, they have this clause. My department has it, others have it. It is designed to protect contract integrity in the event an employee wishes to go out to a competitor, and offer up sensative material in lue for new employment. If I can remember back, I believe its under tort law, so I will check again.

                      As for your situation, in which your current employer gave notice of lay-offs, and you went out to seek new employment, to keep the continuum of work history, I believe it can be applied. But you have been caught in a tight spot, with limitted reaction to their decision. By all face value means, you can not seek out a new employer of the same nature. Its another corporate manopoly.

                      But, in the event, you have been given verbal notification of "lay off", you have grounds to fight it. You are going to have to do some leg work before you go out on your own. If the company wishes to seek retrobution for your actions, through legal means, you will end having to go to court. What you need to do, if you do wish to seek out new employment of the same nature, is protect yourself, which will require the aid of others.

                      Before you go and terminate your position, you are going to have to take a risk. Seek out other employees, who were advised of this action by the company in content of lay offs. I say this, as I suspect you have no written notification. You will need to seek out more than just one other. You will have to find as many as posible. I suggest (after you disclosed the staff numbers) atleast five, and truely ideal ten more staff with your compnay that can attest to the "verbal notification". Now, this does not mean to go and run around and ask others "Hey, remember that notice of lay off we got, well I may end up going to court, and I need you to say the same thing, that we were gonna get laid off". Do this, and you have put yourself in a noose. You will have to get written statements from others, each of the persons willing to do so.

                      A written statement should be in a legal fashion, such as at the top of the document, the prson filling it out, has to place their full name, address, phone, D.O.B., and current date. Then they can go onto the narrative. Once they have finished writing their narrative (which they need to include the date/time and rep of the contact when and where the notificaiton was made), they need to sign it. I suggest black ink all the way.

                      Get a few of these, and you are set to go out and seek new employment. And in the event the company finds out about your intent of leaving, and threatens you, or does take action, go to your local State/City labor commission. Make copies of the statements, and do not let go of the originals. Copies can then be given to the labor board, as they handle most of these cases. Once presented to the company by the commission, the company will back down.

                      The more documentation you can provide, the better off you are. if you need further assiostance, in either a blank general witness statement, or further advice, let me know via email or PM.

                      I may be frowned upon by many for giving out this information, but its common general information, that any competant person may obtain. I have had to deal with companies of this nature, and I will be honest, some of them are not out for the employees interest. Anyone who is willing to lay off staff, and tell them its Ok to seek out new, then turn around and revocate such statements, really has no integrity, and does not need to operate. We as Security personnel, are expected to be held accountable and to a higher standard than common personnel, in which they need to lead by example, not contradict standards.
                      Deputy Sheriff

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                      • #12
                        I don't think I understand this issue. I would think That if a company is laying you off and does not have any other post for you or any post that you wish to take you would just leave that company. If you are not their employee anymore whats to prevent you from taking a job from a different company.
                        I'm not talking about at the same site that you were working at, I understand that although I may not agree with it.

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                        • #13
                          Originally posted by The Lord of the Keys
                          I don't think I understand this issue. I would think That if a company is laying you off and does not have any other post for you or any post that you wish to take you would just leave that company. If you are not their employee anymore whats to prevent you from taking a job from a different company.
                          I'm not talking about at the same site that you were working at, I understand that although I may not agree with it.
                          They WILL offer you another job, BUT it may be at a lower rate and some distance away from the site you're at. Basically, you take it or leave it, that is, you leave the company.
                          Security: Freedom from fear; danger; safe; a feeling of well-being. (Webster's)

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                          • #14
                            Non-Competes

                            Years ago, Guardsmark Security, headquartered in Memphis was one of the first companies to implement non-compete agreements at the Security Officer level and not only enforce them, but litigate the matter. The obvious purpose was to create a "poison pill" effect for a client who likes his staff but wishes to change contractors. I've never actually seen one of their agreements.

                            They have successfully defended these agreements in virtually every state, to the best of my knowledge. Maybe someone else can add some details.
                            Richard Dickinson
                            Dickinson Security Management Group, LLC
                            DSMG Provides a Variety of Software Products and Consulting Services to the Contract Security Industry
                            www.hrdickinson.com

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                            • #15
                              Originally posted by hrdickinson
                              Years ago, Guardsmark Security, headquartered in Memphis was one of the first companies to implement non-compete agreements at the Security Officer level and not only enforce them, but litigate the matter. The obvious purpose was to create a "poison pill" effect for a client who likes his staff but wishes to change contractors. I've never actually seen one of their agreements.

                              They have successfully defended these agreements in virtually every state, to the best of my knowledge. Maybe someone else can add some details.
                              I have seen the contract and also received a warning letter when we lost the account. They threatened legal action if we violated the agreement. It's not that they think guards have assets to take; rather it's to scare the incoming company so that they will not hire you and risk being named in the suit. They DO have assets and aren't interested in defending against a lawsuit when they can replace you with their own guards.

                              Additionally, your point about Guardsmark successfully defending this agreement is dead on. They already have court precedents in their favor to fall back on.
                              Security: Freedom from fear; danger; safe; a feeling of well-being. (Webster's)

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