Things have changed here.....

I have done a lot of research(through the last 7 years) on non-compete contracts, as well as right-to-work laws....which are very important.



I am not trying to educate you David ;) but just putting this out there for others.



What David is saying is correct. At the same time there is a place for NCC's and they can be enforceable. There is a limit on how broad the NCC can be and that is where a lot of them become void or illegal. From what I have read, once you make one portion of a NCC void, the whole sucker is now fire tender.



You'd best understand them before you try to employ one into your business practices. I can say the best thing they are is a deterrent. If your employee/sub doesn't have the sense to research them or have a lawyer look at it, they may be scared to test the limits of it. For every 1 employee/sub that finds a loop-hole, you will have 9 that are scared to even think about it.



David Fermani said:
Why do you constantly feel the need to take cheap shots at me Brad? I almost find it somewhat flattering and pathetic at the same time.



When I post something, I speak from direct experience from my many years of running a successfully thriving detail business as well as my extensive knowledge/background in multiple areas of the automotive industry. In regards to Non-Compete agreements, I’ve completed several. Both with the people that worked for me and with the individual to whom I sold my business to for a very generous amount. I had my Attorney draft and explain the limitations of them and how they are realistically enforceable. I also had a close friend unsuccessfully fail at his attempt at enforcing the one his company had in place. Case in point, my friend was a distributor for a very large auto detailing chemical manufacturer. He had an employee he hired to cover his route that he could no longer take care of. They had a non-compete contract drafted by their corporate Attorney. This person, after many years with this company, left to go work for another large auto detail chemical distributor which consequentially was a direct competitor of my friend’s company. They filed suit for money damages and an injunction to cease and desist. Ultimately, the judge decided that this agreement was too broad and it blocked this person from earning a living seeing that he had worked within this segment for most of his professional life. Just because you have a contract in place, doesn’t make it enforceable. You can try, but that might mean gambling away 10’s of thousands of dollars. It might not be worth it in the detailing world. Don’t you think??
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Jean-Claude said:
What David is saying is correct. At the same time there is a place for NCC's and they can be enforceable. There is a limit on how broad the NCC can be and that is where a lot of them become void or illegal. From what I have read, once you make one portion of a NCC void, the whole sucker is now fire tender.



You'd best understand them before you try to employ one into your business practices. I can say the best thing they are is a deterrent. If your employee/sub doesn't have the sense to research them or have a lawyer look at it, they may be scared to test the limits of it. For every 1 employee/sub that finds a loop-hole, you will have 9 that are scared to even think about it.
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Thanks JC - I totally agree wiith you and glad you have done your research.
 
David Fermani said:
Good luck enforcing a no-compete when it's the only skill that person has.
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That's not the issue.





F.S. §542.335(1)(g).



... a court:



1. Shall not consider any individualized or other economic hardship that might be caused to the person against whom enforcement is sought.
 
When David speaks, I listen.



I know of his background and he would never said anything just to hear (or see) himself speak.
 
I'm not really worried about an employee leaving and competing with me. There have been 4 that I know of in my area that have their whack at mobile detailing. All four have failed. They only started this as a side business and when an hourly job became available again, they left. None were consistent at showing up on time and performing the work that I could. Not one of my customers left me for any of them either. Mine are pretty loyal to me.



In fact, there are now 3 stand alone detail shops in my area.....including a tunnel wash...... and I'm busier now than ever. This week....four days worth...I've done 32 wash and shines (I raised the price to 25.00 from 20.00), 3, 26 foot campers, 3 houses, and 2 decks. And yes, I've had help from my brother in law and have been working 10 hour days.
 
Thanks. It's just hard work. Who would have guessed that this low price point would open up new customers and old one, to new services?



A good definition of luck is..."when preparation meets opportunity."
 
Justin Murphy said:
When David speaks, I listen.



I know of his background and he would never said anything just to hear (or see) himself speak.
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Not on this one. There is a statute that I cited above that is specifically contrary to his position on this issue. His background is clearly not in the practice of law.





David Fermani said:
Then tell me what is.
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The critical issues are irreparable harm to the one seeking enforcement of the non-compete and the reasonableness of its terms.
 
I merely suggested the non-compete as a first step toward preventing an employee from taking your clients or leaving and starting up a business that competes against you. I understand that in a court of law things can go either way. The mere fact that someone signed a non-compete would make them think twice about doing these types of things. David- I respect your experience and opinion, however, you constantly challenge almost every point made by someone else. Others on here, including me, have both higher educations and real world business experience. Stop acting like you are the only one who possesses these attributes.
 
This is a discussion forum and I see nothing wrong with "challenging" people's thoughts/opinions to stimulate healthy conversation. I find that many instances where people just blurt out info and ignorant blanket statements that have no credance to reality. I try giving opinions(educated guesses) on things I'm certain of or at least ones that I can defend with experience.
 
David Fermani said:
This is a discussion forum and I see nothing wrong with "challenging" people's thoughts/opinions to stimulate healthy conversation. I find that many instances where people just blurt out info and ignorant blanket statements that have no credance to reality. I try giving opinions(educated guesses) on things I'm certain of or at least ones that I can defend with experience.
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very well said david!
 
David Fermani said:
This is a discussion forum and I see nothing wrong with "challenging" people's thoughts/opinions to stimulate healthy conversation. I find that many instances where people just blurt out info and ignorant blanket statements that have no credance to reality. I try giving opinions(educated guesses) on things I'm certain of or at least ones that I can defend with experience.
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I usually see the debate going downhill when two people have two different opinions/experience with the same product/technique and both believe they can only be right and the other has to be wrong. Then one challenges the others skills, integrity, etc.
 
Glad to see your new idea worked out for you!



The problem I'm having with this type of service is that, upon receiving the car, the customer is happy but not amazed. This leads to them just going to an automated wash/etc.



I always find myself doing more work than I'm getting paid for to impress the customer. Like today I did a newer Monte Carlo that could use a decent buffing. They wanted to pay for a basic wash/clay/seal/interior/dressing but I ended up doing a light buffing. When they saw the car they were very happy (although it still needed buffed again lol) but I'm not making the money I need for that much work you know?
 
HLxDrummer said:
Glad to see your new idea worked out for you!



The problem I'm having with this type of service is that, upon receiving the car, the customer is happy but not amazed. This leads to them just going to an automated wash/etc.



I always find myself doing more work than I'm getting paid for to impress the customer. Like today I did a newer Monte Carlo that could use a decent buffing. They wanted to pay for a basic wash/clay/seal/interior/dressing but I ended up doing a light buffing. When they saw the car they were very happy (although it still needed buffed again lol) but I'm not making the money I need for that much work you know?
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When I first started detailing, I would spend 8 hours on a vehicle. I would be so excited to finally show them that their paint was swirl free and the carpet stains were gone. You know what 80 percent did? Paid me and got in the car and left. Some would never even come outside and look. Once again, us Autopian like detailers and car care gurus only make up a small share of the market......I'd hate to guess at the percentage!



On another note, I too am so happy on how this thread has turned out. I thought I would get bashed on offering the new services. Instead, I have found encouragement and feel that others may have found ways to put food on their tables. Remember, that is the reason we work and detail daily.
 
even if u were bashed screw it .. your supporting your family .thats all that matters..keep up the great work ...dont forget to post ur details.. love them ...
 
trhland said:
even if u were bashed screw it .. your supporting your family .thats all that matters..keep up the great work ...dont forget to post ur details.. love them ...
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Thanks man. I appreciate it. I'll try to post some up. Just not doing a lot of those full details. Maybe I'll post up a day's work of my outside wash and shines.



Here's a product that I've got to try for my bulk detailing and really like.....



Stoner's Trim Shine 5 gallon tire shine



I fill up four spray bottles so I have plenty on reserve. I keep a cheap MF covered sponge in a Tupperware container so it doesn't dry out. It's pretty much primed for use every time. After ONR'ing, tires are still little wet. I spray 3 spray onto the sponge and apply. The water on the tires does not seem to hurt that products look or durability. This stuff lasts too. I've done several now that had it applied two weeks previously and looked fine. Plus, at 60.00 for 5 gallons with no shipping, it's a deal. It's looks rivals that of some of the boutique tire dressings I've use before.



Stoner's Speed Bead is really nice as well. Removes a lot of grime and oxidation that washing will not remove......by hand. It's a two step wax and it must haze before removing. It does this fast though...by the time you get back to where you started, it's ready to be removed. Comes off fast and easy and to me, is worth the extra time to use over mist and wipe spray waxes.
 
I'm getting ready to hopefully close a deal on my county's school buses. I've gave them a quote for 20.00 each with a total of 50 buses done monthly. Also, I've nailed down 3 local heating and air companies with a total of 25 vans and trucks. These will be done monthly as well. All are outside onlys.



I'm already looking at several trailers and setups for these fleets. The best thing is that they are willing to sign contract. It's nice knowing that I have an exact amount of money to be made every month before I start out.
 
Congrats again Justin. Glad to see your fairing well with the changes you've implemented.



I am now eager to try the Speed Bead to see what thats all about. What's the slickness like, is it slick like a sealant or kind of warm and grabby like IW845.



Again congrats! :bigups
 
bwalker25 said:
Congrats again Justin. Glad to see your fairing well with the changes you've implemented.



I am now eager to try the Speed Bead to see what thats all about. What's the slickness like, is it slick like a sealant or kind of warm and grabby like IW845.



Again congrats! :bigups
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It leaves a plastic like feeling to the paint. Has more of a soft feel than a slick. It's a product well worth having. I use it now on my personal vehicles. Just simple to use and store. Beads like crazy and then sheets off when low pressure rinsing is used.
 
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