A bit of a dilemma here. Business related question.

**Rav777** · 09-24-2011, 11:29 AM

Hey guys so before starting my own detail company I worked for another guy for about a good 5 years. I startled to do my own thing when his management skills dropped. For example, I was getting late paychecks, and getting equipment replaced late (and if it did get replaced it was junk equipment).

He still works at a fixed location which is a spa/golf course and my old customers (members at that particular club) want me back in there. Apparently the guys my old boss hired are high school kids that don't know a thing or two about detailing. Future hack detailers if you wish. It has gotten to the point were the manager wants me back as well. The problem too is that my boss ain't too bad of a guy and has always helped me out. It might be important to note that he owns 3 franchise restaurants so he only details on the side.

What would you do in this situation? He has no contract with the golf course if this helps. Take it or leave it? I just don't want to get in legal problems down the road. Any help will be much appreciated!

**PTRon** · 09-24-2011, 12:18 PM

Did your old boss ever have you sign a non-compete clause? If not, then I'd go for it (unless he's a personal friend that you want to keep) cause business is business. Add that the folks there want YOU and it's pretty much a no brainer.

**bigaizsosexy** · 09-24-2011, 12:38 PM

Let me get this straight. He wants you back working for him, or the golf course club wants you to replace his service with yours? As long as you didn't sign a non compete clause like the gentlemen above me said there should be no legal issues.

**Rav777** · 09-24-2011, 12:42 PM

Originally Posted by PTRon

Did your old boss ever have you sign a non-compete clause? If not, then I'd go for it (unless he's a personal friend that you want to keep) cause business is business. Add that the folks there want YOU and it's pretty much a no brainer.

Thanks for the response PTRon, I signed a contract when I first worked for him, but wouldn't it of ended when I quit working for him? It would make sense that way. My customers who are also lawyers said that if the management wants me there then I don't have a problem. Oh decisions ..

**Rav777** · 09-24-2011, 12:47 PM

Originally Posted by bigaizsosexy

Let me get this straight. He wants you back working for him, or the golf course club wants you to replace his service with yours? As long as you didn't sign a non compete clause like the gentlemen above me said there should be no legal issues.

The golf course management and the customers want me back. They do not like the services. Apparently one of the cars I did a full correction on needs another because they didn't think these guys were hack retailers.

**calhoun1** · 09-24-2011, 01:18 PM

You could always offer to "buy" the business off your prior manager. That may be a way to not lose a friend and still get the business that you need for detailing.

**BorisC** · 09-24-2011, 01:51 PM

Originally Posted by Rav777

Thanks for the response PTRon, I signed a contract when I first worked for him, but wouldn't it of ended when I quit working for him? It would make sense that way. My customers who are also lawyers said that if the management wants me there then I don't have a problem. Oh decisions ..

Maybe. Maybe not. What does it say? It may read that you can't compete for 6 months, 1 year or whatever after you leave employment there. But if a lawyer says it's ok then you should be good.

**Flash Gordon** · 09-24-2011, 02:27 PM

Originally Posted by Rav777

I signed a contract when I first worked for him, but wouldn't it of ended when I quit working for him? It would make sense that way. My customers who are also lawyers said that if the management wants me there then I don't have a problem. Oh decisions ..

Many states don't have a non compete clause. Not sure if Cali is one of them but all the ones I've heard of last 1 year from your last day of employment

I'm abit confused with your story...

Did your former employer have something already setup with the golf course? And now their (golf course) wanting you to take it over?

**Rav777** · 09-24-2011, 04:30 PM

Originally Posted by calhoun1

You could always offer to "buy" the business off your prior manager. That may be a way to not lose a friend and still get the business that you need for detailing.

I tried to buy it but he wanted about 25K for the company and in my eyes that was not worth it. I am still in college so I have to worry about loans as well.

Originally Posted by BorisC

Maybe. Maybe not. What does it say? It may read that you can't compete for 6 months, 1 year or whatever after you leave employment there. But if a lawyer says it's ok then you should be good.

I just talked to a lawyer and he said that California is one of the few states (maybe only one) that says No-comptere contracts are void here in CA. He noted that unless I take some sort of skill or secret from the company then he can come at me and sue me. There really is no secret to detailing and I know more about detailing than he does thanks to Auto Geek!

Originally Posted by Flash Gordon

Many states don't have a non compete clause. Not sure if Cali is one of them but all the ones I've heard of last 1 year from your last day of employment

I'm abit confused with your story...

Did your former employer have something already setup with the golf course? And now their (golf course) wanting you to take it over?

Sorry my story was a bit jumbled Flash as I typed it all on my smart phone lol.

Yes my former employer is still in the golf course as of now, without a contract. The manager just gave him permission to detail as long as it wasnt a nuissance. But since my former employer has a bad reputation there, the management of the golf course, as well as my old customers want me back in with my own company since they know my work. I built up the place in a span of 5 years and I did all the marketing even though I was not the boss of my former employers company. Hope this one makes sense!