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Security company non-compete Clauses

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  • Dragonfyre024
    replied
    Originally posted by EMTGuard
    Our employee manual states that we can't work for a competing security company.
    As does ours but only if we are working for our current company. We can't work for both at the sametime.

    Leave a comment:


  • Mr. Security
    replied
    Guardsmark vs Securitas

    Guardsmark lost their ESPN account with approximately 140 guards to Securitas. According to the Hartford-Courant, Securitas planned to hire most of the guards that worked there for Guardsmark. Guess what? Guardsmark slapped them with the non-compete contracts that the guards signed and told Securitas to back off. Now Securitas is telling the guards that it can't hire them to work at THAT site. Connecticut's Attorney General, Richard Blumenthal, sent a letter with a veiled threat to Guardsmark's President, Ira Lipman, stating that other legal steps may be taken if Guardsmark doesn't release the guards at that site from their non-compete clause.

    Richard did acknowledge however, that Guardsmark already successfully litigated a case in CT back in 1992, thereby setting a precedent for the courts. Stay tuned for more "sparks" as the calendar year ends.

    Leave a comment:


  • VertigoODO
    replied
    Well in California a Non-Compete is not legally enforcable UNLESS you start your own company and attack the contracts of your old employer. The agreement is only enforcable for 6 months after your termination or resignation. Most companies assume guards are dumb and dont know. I walked out on one job and walked away with 60 contracts when all was said and done. The court laughed at my employer when they tried to enforce my non-compete. Remember the term AT-WILL!!!!

    Leave a comment:


  • Mr. Security
    replied
    Originally posted by N. A. Corbier
    That's easy to do, have them sign the last page which language indicating that they have read, understand, and agree too all company policies as outlined in this document. The entire handbook becomes the document you agreed to.
    Yeah, I thought about that. However, many handbooks state that they are just a "guide" so that you can't hold them accountable for what's in it. I doubt if they want you to tell a court that the non-compete section in the handbook was just to guide you in making your decision about working for the competition.

    Leave a comment:


  • N. A. Corbier
    replied
    Originally posted by Mr. Security
    Chances are, it is also in the paperwork that you completed when hired. If you didn't sign and date it, the company would be hard pressed to get it upheld in a court of law.
    That's easy to do, have them sign the last page which language indicating that they have read, understand, and agree too all company policies as outlined in this document. The entire handbook becomes the document you agreed to.

    Leave a comment:


  • Mr. Security
    replied
    Originally posted by EMTjon
    My current Secuity Co. has a non-compete clause in the employee handbook, that says I'm not to work for a direct competetor. It also says I'm to notify them of other jobs I might have.

    The Private Ambulance Co. I work for part-time has a similar agreement. They go a step farther by terminating employees for working for our contracted facilities.
    Chances are, it is also in the paperwork that you completed when hired. If you didn't sign and date it, the company would be hard pressed to get it upheld in a court of law.

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  • EMTjon
    replied
    My current Secuity Co. has a non-compete clause in the employee handbook, that says I'm not to work for a direct competetor. It also says I'm to notify them of other jobs I might have.

    The Private Ambulance Co. I work for part-time has a similar agreement. They go a step farther by terminating employees for working for our contracted facilities.

    Leave a comment:


  • N. A. Corbier
    replied
    This is a standard non-compete agreement from a security company...

    <Company> provides Armed and Unarmed security guard services throughout the Gunshine State. For valuable consideration, the employee and employer agrees as follows.

    1. The employee agrees not to compete either directly or indirectly, with the business of <Company> for a period of year from the date of the employee being terminated or Resigning from <Company>.

    2. This agreement will extend for a radius of 50 miles from each office location of <Company>.

    3. The employee agrees that "not to compete" means that the employee will not engage in any manner in a business or activity similar to that of the employer <Security Company>.

    4. If the employee violates this agreement, the employer will be entitled to an injunction to prevent such Competition, without the need for the employee to post any bond. In addition, <Company> will be entitled to any other legal relief.

    5. All printed material such as log books, reports, company handbooks, training manuals, employee lists, client site lists, etc. will not be disclosed to any persons outside <Company> for a period of 1 year, from the date of the employee being terminated or resigning from <Company>.

    ---

    I never signed this. However, I do like #5, which says after a year, you can use whatever you gleaned from your employment there. In other words... I can tell any story I want, use any form I want, etc... from my former employer.

    This is 100% enforcable, and I think they can go after your license in Florida, as well. I think they can go after your license for any "misconduct." This would be misconduct.

    Leave a comment:


  • Mr. Security
    replied
    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.

    Leave a comment:


  • hrdickinson
    replied
    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.

    Leave a comment:


  • Mr. Security
    replied
    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.

    Leave a comment:


  • The Lord of the Keys
    replied
    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.

    Leave a comment:


  • Mall Director
    replied
    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.

    Leave a comment:


  • LavianoTS386
    replied
    Does that apply to in-house operations?

    Leave a comment:


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

    Leave a comment:

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