| Author |
Comment
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Chippy
Apr 26, 08 - 8:41 PM |
DT/Non Compete
Anyone know if the non compete agreements will survive after the auction? They made me sign one and I regret it to this day. They are real ****bags.
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Larry D
Apr 26th, 2008 - 8:57 PM |
Re: DT/Non Compete
I would seriously doubt it, i would check with an attorney.
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?
Apr 26th, 2008 - 11:33 PM |
Re: DT/Non Compete
They can't keep you from making a living, and if you're just a tech, there shouldn't be any problem. The deal with the non-compete is not to keep you from working elsewhere per say, it's to keep you from going elsewhere and taking their accounts and to keep you from using anything that is the DT way, i.e.- pricing, management tips, anything that is protected by law. If you leave on good terms, and do not meddle with them after you leave(for one year) you should be fine. Non competes are not unusual for big business. They have the right to protect their accounts, and their business overall.
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scott
Apr 26th, 2008 - 11:59 PM |
Re: DT/Non Compete
i dont think it is a problem for techs. i asked to read it again and they told me they no longer have no competes for techs just managers and csr's, etc.
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potato*
Apr 27th, 2008 - 1:11 AM |
Re: DT/Non Compete
If that is true, it says alot. It means that TECHS are considered mere pawns in this game. It might be that the battle for market share will be fought by managers csrs etc. Or so that is their contention.
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Beach
Apr 27th, 2008 - 2:53 AM |
Re: DT/Non Compete
What did they give you in return for you signing a non compete?
IMO You must have received some consideration for signing a contract or it is not valid
See an attorney for legal advise
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vt.glass shop
Apr 27th, 2008 - 7:19 AM |
Re: DT/Non Compete
I always thought that a non-compete was for opening your own business and not just leaving one place of employment for another.
I do not think anyone can tell you where to work,or to keep you from obtaining a job in your profession.
Doesn't seem right that someone can tell you where you can and cannot work.Opening your own place of business as a nearby competitor is a whole different story tho.
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R&R
Apr 27th, 2008 - 8:20 AM |
Re: DT/Non Compete
Chippy, see an attorney, we have hired employees from competitors that had very strong (well written) non-compete's, and the new employee had to follow it. These always were for managers and sales people, not for techs or CSR's. I would suspect no-competes for techs and CSR's would not be worth the paper they are written on, and more to scare those employess.......see an attorney. What city do you live in? good luck
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===
Apr 27th, 2008 - 9:15 PM |
Re: DT/Non Compete
i think it depends on your position.
however i would not even worry about it.
DT has not got the time or the desire to inforce a non-compete.
I have not seen them do this.
go make a living and dont worry.
at least discuss it with your DM first.
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glass expert
Apr 28th, 2008 - 3:16 PM |
Re: DT/Non Compete
If the company is sold or auctioned off your non-compete becomes null and void, because your contract was with the original owners of DTAG and not the new owners. The new owners would have to implement a new contract. Also, I have knowledge that they have pursued ex-employees for the non-competes, but have lost their butts in court.........
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AGN
Apr 28th, 2008 - 4:16 PM |
Re: DT/Non Compete
I worked for DT and signed a non-compete, but I had no problems when I left them. As long as I stayed away from their accounts they could care less.
It is hard to enforce a non-compete on a tradesman anyways because they cannot deny you the right to make a living plying your trade.
AGN
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Larry D
Apr 28th, 2008 - 7:45 PM |
Re: DT/Non Compete
? your wrong i know installers they went after,
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Kiss My Glass
Apr 28th, 2008 - 8:55 PM |
Re: DT/Non Compete
A non-compete is designed to stop you from taking their business. Your non-compete IS NOT with the owners of DT, it is with DT itself regardless of ownership. As long as DT is alive, your non-compete should be binding, only, someone else may have to enforce it. I believe if you are a tech you can seek employment elsewhere depending on what your non-compete state. Don't forget, you did learn practices and procedures that may be proprietory to DT. Some non-competes will say something like you not using your "company A" provided training to work for "company B" for a set amount of time. I don't know how this holds up, but it's something to consider.
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Bobby
Apr 28th, 2008 - 9:00 PM |
Re: DT/Non Compete
Everyone relax. No one needs to seek legal counsil or pow wow with their D.M..Understand this Diamond Triumph has lost their a$$ and will soon no longer be Diamond Triumph auto glass.The paper you signed will soon not be worth spit.Now get out there and do what's right take care of number one and your family of course.
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the man
Apr 28th, 2008 - 9:14 PM |
Re: DT/Non Compete
Is your non-compete notorized? Did you intial every page? I think not. - Not a legal document!
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?
Apr 28th, 2008 - 11:28 PM |
Re: DT/Non Compete
Why are there so many lawyers on a glass network forum? DT does go after people if they left in a bad manner, and?or there was a threat of taking accounts. Every installer has accounts that only want them there, and if the installer left on a bad note, and the company felt like they would lose business, then yes, they might go after someone. Remember, this is a relatively close knit business, and everyone has the potential of hearing almost everything that goes on(due to those of us that gossip, i.e. on this forum) in their shop. I've known a ton of stuff I eaither shouldn't have, or I just heard it before other people. If management caught wind of someone talking to their accounts, or if they knew that someone was doing sidework, then absolutely they would go after people. I'm not saying that your friends did that, I'm just throwing out some examples. I've known a lot of people to leave DT, and not one of them was held to their non-compete. I wasn't.
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AJT
Apr 29th, 2008 - 6:45 AM |
Re: DT/Non Compete
ok guys and gals i will end this for you ,i hired a sales rep away from dt 3 years ago and she had a pretty well written non compete she also brought to my company 37 new accounts and DT DID NOT HESITATE in taking me and her to court to try to inforce the non compete and after 2 continuations in the hearings the judge droped the charge because he saw that she was intitled to make a living and that the company didnt have a problem with her getting the accounts for them in the first place and let me tell you they were livid .... this happened in Boston MA
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vt.glass shop
Apr 29th, 2008 - 7:04 AM |
Re: DT/Non Compete
Are you all saying that ,you cannot leave d/t and work for someone else?
Is this AMERICA or the u.s.s.r.?
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Blotto
May 6th, 2008 - 10:42 PM |
Re: DT/Non Compete
There is no U.S.S.R..
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Nunya
May 7th, 2008 - 8:59 AM |
Re: DT/Non Compete
The only way DT can enforce the non compete is to compensate you fairly from working within the specified time frame. You taking accounts has nothing to do with trade secrets and the key word for you is your job is a trade. I am not giving you legal advice but for techs and many sales people it is a scare tack-tick. I had a NC with a company and they didn't even try to chase me or the accounts I took. It may scare your prospective employer from hiring you. If your NC pays you 4 weeks from leaving date, then don't work until those 4 weeks are up, other than that...like the others, take care of yourself first, they are when they filed bankruptcy. The fat pigs at the top are getting bonuses just like Safelite's fat bulls got compensated to stay during their bankruptcy.
I can't imagine the smarts one has trying to keep a team of fools that caused the ship to sink in the first place. If Belron had control the first time, they probalby would have kept all the Vistar execs. Who ever said Bulls were smart???
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mmm
May 7th, 2008 - 10:59 AM |
Re: DT/Non Compete
What do they have non competes on the auction block ?
I do believe they would be null & void. Even since they have already changed names ...... hmmmm
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Grunt
May 7th, 2008 - 9:34 PM |
Re: DT/Non Compete
D/T is not competition. They are like a bad case of Herpes, just a nuisance! Go make a living.
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..
May 7th, 2008 - 11:00 PM |
Re: DT/Non Compete
Enforceable or not, it will still cost you thousands (or your new company) in legal fees to defend yourself should DT decide to enforce it. If you lose, most are written that you get to pay their legal fees as well.
Having said this, my guess is their lawyers have enough on their hands right now than to worry about you so long as you don't specifically go after their employees and/or accounts.
Good luck.
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