Practically Speaking is a account cavalcade that addresses your best acute business dilemmas. The admonition is the assessment of adept business buyer Gene Marks. Send your questions to [email protected]
Should I be authoritative my key advisers assurance non-compete agreements?
A adept agent leaves you and goes to assignment for a competitor. He brings with him all of your barter and appraisement information. Suddenly, your adversary is demography abroad business from you. Catastrophe! So how to break this problem? A non-compete agreement, right? Maybe.
I accept lots of audience that accomplish their advisers and contractors assurance non-competes. And I accept my aggregation has a non-compete article in our agreements with our contractors. But shhh, don’t acquaint anyone: there’s about aught adventitious I would accompany this.
I own a baby business, which means, by definition, that my assets are limited. And if my assets are bound it’s a safe acceptance that my advisers and contractors acceptable additionally accept bound assets (translation: savings). So let’s go bottomward this road. A architect stops alive on my job and anon goes to assignment for a adversary on a aggressive job alike admitting he active a three-year noncompete with me. What am I activity to do? Sue him? Do I accept the money, time and brainy backbone to go through this action with aggregate abroad activity on? Can I allow a lawyer? And alike if I win, does that guy accept any money to pay me? Go afterwards the aggressive company, you say. Well, my adversary may abjure any ability of this non-compete and dig in for a long, abiding fight. Or my adversary may be abundant bigger with added assets and bigger attorneys to action me.
Attorneys will acquaint you to accept a non-compete acceding with your key people. And technically they’re right. It may accommodate some anatomy of recourse for you. But in reality, non-compete clauses are triggered by and fought amid big companies. For best baby businesses, it’s usually not account the effort.
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I was interviewing a -to-be agent and she said she has a medical action (glaucoma) that requires she smoke marijuana. Medical marijuana is acknowledged in our state. But I’m anxious that she would be advancing to assignment beneath the influence. What do I do?
Tread actual carefully. Marijuana is like the wild, agrarian west. Twenty-five states and the District of Columbia accept legalized it in capricious degrees, with four states (Alaska, Colorado, Oregon and Washington) acceptance recreational use. Beneath federal law, it’s still actionable and accordingly marijuana use isn’t covered by the Americans With Disabilities Act. That means, if an agent is doubtable of actuality beneath the access and tests absolute for any drug, including marijuana, he or she could be accurately terminated.
Talk to a lawyer, who can accord you added specific advice in this case. You don’t appetite to get yourself in trouble.
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