Employment Contracts?

Mike V

Mike V

Member
Do any of you guys make your employees sign a contract? Not just a non-compete, but something they sign that holds them liable for breaking equipment, missing equipment, etc? Not normal wear and tear, something that could be avoided by not being stupid? If so, can you share? Thanks in advance.
 
Mike V said:
Do any of you guys make your employees sign a contract? Not just a non-compete, but something they sign that holds them liable for breaking equipment, missing equipment, etc? Not normal wear and tear, something that could be avoided by not being stupid? If so, can you share? Thanks in advance.
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I don't know that you could enforce a contract like that. I think your only options would be good insurance to cover "missing equipment" and letting irresponsible employees go.
 
Mike fortunately I haven't had to deal with this problem yet but I have the system already to go for when we do get to 3+ crews.

Here's how it works

Take from the rich and give to the poor ... Say crew 1 has the cleanest truck, there tools are always clean and organized and taken care of. Crew 2 on the other hand is constantly breaking crap and they run the hell out of your truck.

Solution. When some thing from crew 2 breaks they get crew 1 left overs and crew 1 get the new stuff. This shows crew 2 they are second to crew 1 and it is a reward for crew one for taking care of their stuff.


Jmo on this subject
 
Thanks DJ, I think something like that would work short term to prove a point, but it also fosters ill will and negativity which will lead to poor performance and unhappy employees.....and customers.

I was hoping someone had an employment agreemet already written so I don't have to reinvent the wheel.

thanks.
 
Dj, you might want to rethink that plan. Negative work enviroment leads to poor performance and attitudes towards each other and you.

If crew 1 is doing a better job on a consistant basis, you need to take the helper from crew 1 leader and promote him to crew leader on crew #2. This will ensure all your crews are responsible.

In your plan I didn't see anything that would stop crew 2 from tearing up stuff, no consequences..... they just get more equipment.
 
Might differ State to State, but the US Department of Labor will always have the final say. No "employment contract" that allow conditions of employment will ever pass a Department of Labor case, or subsequent lawsuit. If your current or past employee was to file a claim with the DOL, claiming you garnished and/or with held wages for repayment of company owned property, I can guarantee you it will backfire on the employer. Worst case scenario the DOJ case could cost you three times the original "claim", plus your legal costs.

You can terminate the employee, but you can not deduct any monies owed to that employee.

Even if that employee was a friend, and owed you money from a personal loan, that personal loan can not be deducted from the wages earned. The employee must repay you separately (ie, cash or a check).

Your local Department of Labor office works with both employers and employees, and they will be happy to answer any questions you have. I learned the hard (headed) way, many years ago in a different business venture.

In some States a no compete contract is not worth the paper it is written on. Someone told me recently that California (go figure) a no compete contract is not a legal document. I have not researched this so do not take this as verified information. But my experience with the DOJ above is from personal experience.

Phillip, DJ and Wesley all provide excellent advice. It is an employers market these days, way too many highly qualified technicians out there looking to work. We receive at least a couple calls a week from someone who cold calls us looking for employment, many times they have worked for our legit competitors and have plenty of verifiable experience and references.
 
Jim Cooney said:
Might differ State to State, but the US Department of Labor will always have the final say. No "employment contract" that allow conditions of employment will ever pass a Department of Labor case, or subsequent lawsuit. If your current or past employee was to file a claim with the DOL, claiming you garnished and/or with held wages for repayment of company owned property, I can guarantee you it will backfire on the employer. Worst case scenario the DOJ case could cost you three times the original "claim", plus your legal costs.

You can terminate the employee, but you can not deduct any monies owed to that employee.

Even if that employee was a friend, and owed you money from a personal loan, that personal loan can not be deducted from the wages earned. The employee must repay you separately (ie, cash or a check).

Your local Department of Labor office works with both employers and employees, and they will be happy to answer any questions you have. I learned the hard (headed) way, many years ago in a different business venture.

In some States a no compete contract is not worth the paper it is written on. Someone told me recently that California (go figure) a no compete contract is not a legal document. I have not researched this so do not take this as verified information. But my experience with the DOJ above is from personal experience.

Phillip, DJ and Wesley all provide excellent advice. It is an employers market these days, way too many highly qualified technicians out there looking to work. We receive at least a couple calls a week from someone who cold calls us looking for employment, many times they have worked for our legit competitors and have plenty of verifiable experience and references.
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The "general" rule as to payroll deductions is the employee must authorize them---depending upon nature of your employment agreement its possible that such authorization is included.
 
RGilliam said:
got a non compete but thats it
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Non compete contracts are very tricky. They are almost impossible to enforce in most right to work states.

In Florida for example, in order for the non compete to be enforced it must meet the following criteria;

1) Must be signed on the date of employment. Otherwise it is considered signed under duress. This is where 99% of these get knocked out of court.

2) Person signing the contract must be compensated in some way for signing it.

3) The agreement can not keep someone from working in their trained profession. If they worked in the field before you hired them, you can not prevent them from obtaining employment elsewhere.

4) Has to be for a defined geographic area. The whole state is unacceptable. Fifteen to twenty miles is about all the state recognizes.

And if you fire them, all bets are off.
 
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