Lawn Care Business Forum Lawn Care Business Book Lawn Care Business Blog Lawn Care Software
Home Forum Contract & Flyer Templates Blog Software Videos Podcast Calculators / Estimators Store Mower Review Design It Yourself Lawn Business School

Go Back   GopherHaul Landscaping & Lawn Care Business Marketing Forum > Business > Lawn Care Employees Discussions

Lawn Care Employees Discussions Discussions on lawn care employee related issues.

Employee acts on his own, contract?


Lawn Care Employees Discussions

Discussions on lawn care employee related issues.
Reply
 
Thread Tools Search this Thread
  #1  
Old 03-08-2010, 11:56 PM
fredthewolverine fredthewolverine is offline
Junior Member
 
Join Date: Feb 2010
Posts: 16
Rep Power: 5
fredthewolverine is on a distinguished road
Default Employee acts on his own, contract?

I started my lawn care business and i'm ready to find work but I have a question. My really good friend is going to help me and we have worked out a deal, i'm going to pay him per job until work picks up. He is really excited to help me get this business off the ground, so he asked me if he could have some business cards to pass out with his name on them. Im okay with that but it got me thinking. I plan on having uniforms like t-shirts with my company logo and my trailer will also have my logo.
Now my question is; would if he finds business on the side and doesn't tell me about it and so I never document it and he does a lawn and damages something. I'm sure I am the one thats going to be liable, considering he will be wearing my logo and have his name attached to my business right? maybe i'm just paranoid.
So i was hoping there is a Contract on the site that says something along the lines of- If you work on someones yard and that client has not been registered a client through the owner or through the proper procedures of the company and you damage something you will be liable for any and all damages.
Thanks all.
Reply With Quote

Stop guess-timating. Learn how to estimate and make money! $$$
Mow Time Estimator Lawn Care Price Estimator Mulch and Topsoil Calculator Snow Plow Estimate Calculator


  #2  
Old 03-09-2010, 04:05 AM
lklandscaping lklandscaping is offline
Member
 
Join Date: Feb 2010
Age: 21
Posts: 70
Rep Power: 5
lklandscaping is on a distinguished road
Default

Lawn care business tipsLawn Care Business Book
Quote:
Originally Posted by fredthewolverine View Post
I started my lawn care business and i'm ready to find work but I have a question. My really good friend is going to help me and we have worked out a deal, i'm going to pay him per job until work picks up. He is really excited to help me get this business off the ground, so he asked me if he could have some business cards to pass out with his name on them. Im okay with that but it got me thinking. I plan on having uniforms like t-shirts with my company logo and my trailer will also have my logo.
Now my question is; would if he finds business on the side and doesn't tell me about it and so I never document it and he does a lawn and damages something. I'm sure I am the one thats going to be liable, considering he will be wearing my logo and have his name attached to my business right? maybe i'm just paranoid.
So i was hoping there is a Contract on the site that says something along the lines of- If you work on someones yard and that client has not been registered a client through the owner or through the proper procedures of the company and you damage something you will be liable for any and all damages.
Thanks all.
You better register him as an employee to be safe.
Reply With Quote
  #3  
Old 03-09-2010, 11:22 AM
SuperiorPower
Guest
 
Posts: n/a
Default

I think I would mention it to my insurance agent and see what they have to say about where you stand. They would likely have something to do with its outcome if that were to happen.

Also, if you worry that they would do that, are you sure you want to go into business with them? I mean if you can't trust him....... You may also research other threads on here about going into business with friends and what recommendations have been about that. Friends tend to want to have the same control over the business as you do and then you end up with an upset friend and a competitor.....

Good luck and let us know what you decide,
Eli
Reply With Quote
  #4  
Old 03-09-2010, 11:24 AM
Steve's Avatar
Steve Steve is online now
Administrator
 
Join Date: May 2003
Posts: 35,773
Rep Power: 10
Steve has disabled reputation
Default

What you are talking about doing sounds very messy. Sure when anyone gets started, you tend to do a lot of things that you later would look back at and think were crazy. But I would pick one thing and go with it.

Is he going to be an employee? Or a sub-contractor?

I don't think he can legally fall under the category of sub-contractor in this instance and we talk about this in other posts on the forum but I guess it's up to you.

Could you be held liable for his mess up? Sure you could.

What's your thoughts on all this now?
__________________
- Subscribe to my Lawn Care Marketing Blog Feed and get daily tips sent to you. Free!
Download your Free trial of Gopher Lawn Care Software.
Reply With Quote
  #5  
Old 03-09-2010, 11:44 AM
jasonw's Avatar
jasonw jasonw is offline
Senior Member
 
Join Date: Feb 2009
Posts: 1,008
Rep Power: 7
jasonw is on a distinguished road
Default

It is my understanding that you would not be held liable. Yesterday I wore a #3 BFG Nascar shirt. If I did anything to cause damages in anything not just business a lawsuit agents BFG or NASCAR would not hold up in court. It dose not matter what my shirt says, I am liable. That being said I would not give an employee business cards. There is no reason for them to have them. My contact info in on my cards, estimates as well as invoices. Oh and in the unfortunate indecent that I caught an employee sucking up side work his *** would be in the UE line that day. I'm sorry but if you work for me you work to make me money and represent my company. I will be damned if my employee will be part of my competition. Ask any company, doing side work in line with the work the company dose almost always leads to termination. If I were approached with this question I would make sure I was clear from the get go that its there choice to take on side work but if they do they will no longer be getting a paycheck from me. bottom line end of story.
__________________
White Company
Reply With Quote
  #6  
Old 03-09-2010, 01:19 PM
SuperiorPower
Guest
 
Posts: n/a
Default

Jasonw,

You make some good points. Here is where I disagree with you. When you were wearing that t-shirt you were not representing to work for BFG or NASCAR were you? You didn't hand out a business card that said "Jason W, Employee of BFG and NASCAR". His employee are not only wearing his shirt but are also REPRESENTING him. If he allows the employee to hand out business cards with the employee's name on it, while driving a vehicle with the business name on it, while wearing a business t-shirt, and using business machines then he is in a whole new boat.

I completely agree about the termination part though. You work for me and represent me so you will ONLY work for me and represent me. Deviation = termination! (you like that rhyming statement?! lol)


fredthewolverine,

You may chose to allow them to pass out your cards but I would not allow them to pass out their own unless and until they become a team leader and are authorized to give bids (probably not recommended).

I see a potential problem where it would be easy to do a quick cash job with your equipment (thereby not only keeping the income from you but also costing you in fuel and equipment wear and tear). But all this goes back to, do you trust him or not?

Either way, let me pass on something my supervisor gave me some years ago: If you have to ask yourself whether you should or not, you already know the answer.....

At times like this it may be best to follow your gut feeling.
Reply With Quote
  #7  
Old 03-09-2010, 02:06 PM
fredthewolverine fredthewolverine is offline
Junior Member
 
Join Date: Feb 2010
Posts: 16
Rep Power: 5
fredthewolverine is on a distinguished road
Default

All the advice is good thank you.
Just for the record I trust my friend completely but accidents happen and i'm keeping my business and family's best interest in mind. Plus I want to be prepared if an employee in the future does something like this.
I just got back from a meeting with a friend of mine who has a law degree and is currently in a new business with someone who is a friend of his and so he said he can relate.
He said have him sign a Non-Compete as if he is an employee and thats that. Let him know the reason is insurance, he went on to say sure I could take the blame and have my insurance cover it but then I would have a bad record with the insurance companies and I definitely don't want that. Or (non-sercomvent) kind of the same thing but for Partners and have a clause in it about work on the side.
He said if I value the friendship have a strong understanding of how the business needs to run. He said his friendship is great but they both know money is money and you can't mess with that.
He also said if a rouge employee did damage property the Land Owners Lawyer is going to go after whoever LOOKS like they have the money to pay for everything and thats always the Business owner. In court they are going to ask the property owner " Did you know he was working on the side, and was not sent from the company?" The Property Owners are going to say " I had no idea I just called the number on the card and thats who they sent."
He also said he could work his way up to partner like Lawyers do. First they start as interns then employees, then associates, then ultimately partner. ( or something like that I can't remember but you get the idea.)
Botton line he said what Jason wrote, if he does work on the side tell him he is on his own and part ways. I agree 100%
So I'm going to have him sign a Non-Compete and I'm not going to give him cards.
Thanks guys
Reply With Quote
  #8  
Old 03-10-2010, 01:37 AM
jasonw's Avatar
jasonw jasonw is offline
Senior Member
 
Join Date: Feb 2009
Posts: 1,008
Rep Power: 7
jasonw is on a distinguished road
Default

Quote:
Originally Posted by fredthewolverine View Post
He said have him sign a Non-Compete as if he is an employee and thats that.

I still dont really understand this one. No signature is required, you take on side work you are fired bottom line end of story. If he cant commit to you and your business then he can go work somewhere ells. Trust me this will only lead to heartache and over complications that are not necessary.
__________________
White Company
Reply With Quote
  #9  
Old 03-10-2010, 02:40 PM
fredthewolverine fredthewolverine is offline
Junior Member
 
Join Date: Feb 2010
Posts: 16
Rep Power: 5
fredthewolverine is on a distinguished road
Default

Your right, thats the best way to go about it. Thats the precedent that I'm setting right from the beginning. After thinking it through and getting advice and reading the comments it's kind of a no brainer.
Reply With Quote
  #10  
Old 03-11-2010, 12:47 AM
Steve's Avatar
Steve Steve is online now
Administrator
 
Join Date: May 2003
Posts: 35,773
Rep Power: 10
Steve has disabled reputation
Default

What do you feel you would like to do now to handle this situation?
__________________
- Subscribe to my Lawn Care Marketing Blog Feed and get daily tips sent to you. Free!
Download your Free trial of Gopher Lawn Care Software.
Reply With Quote
Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Employee Contract PremierLand Lawn Care Employees Discussions 2 04-20-2007 11:11 PM
Employee tiedeman Lawn Care Employees Discussions 3 02-21-2007 09:09 PM
Got Employee's? ritchiem Lawn Care Employees Discussions 2 10-11-2005 06:41 PM
Employee Tab Gopher Software Support Archived Question & Answers - Read Only 7 12-01-2004 01:47 PM
Employee F.A.Q's Steve Gopher Software Support Archived Question & Answers - Read Only 0 08-03-2004 07:47 AM

» Recent Threads
  RatingTitle, Username, & Date Last Post Replies Views
New Trailer
bobwill2009
Yesterday 12:46 PM
Today 12:01 PM
by Steve
3 77
Advertising On...
JacobsLawnMowing
03-17-2014 03:21 PM
Today 11:58 AM
by Steve
14 886
Pond...
xandrew245x
04-22-2014 03:29 PM
Today 05:57 AM
by Greg'slawnandlandscape
4 101
Mangwi Landscaping
bondservojc13
Yesterday 09:56 PM
Today 05:41 AM
by Sprinkler Buddy
1 55
Pushy customers
christopherhicks82
04-22-2014 08:22 PM
Today 04:56 AM
by Dan Tanner
6 156
In a bit situation need...
googus
04-22-2014 08:01 AM
Yesterday 10:03 PM
by googus
9 176
Acerage Rake
acrajchel
Yesterday 07:23 PM
Yesterday 07:23 PM
by acrajchel
0 36
2.5 acre mowing
xandrew245x
04-18-2014 06:55 AM
Yesterday 07:11 PM
by acrajchel
15 349
Any greenhouse operators...
GoGreenerKS
04-15-2014 11:21 AM
Yesterday 12:37 PM
by Steve
7 221
Truck, Trailer,...
hawthornelawncare
12-23-2011 12:01 AM
Yesterday 12:17 PM
by bobwill2009
79 25,351
The $20 Mow Job
Dan Tanner
04-21-2014 07:24 PM
Yesterday 12:06 PM
by Steve
5 199
quickbooks users
CDLAWNCARE
04-20-2014 09:03 AM
Yesterday 06:48 AM
by CDLAWNCARE
4 177
Looking for advice on a...
Tekeda1
04-13-2014 09:53 AM
04-22-2014 07:55 PM
by Just for Cuts
23 586
About D@## Time!
TamMik
04-02-2014 08:10 AM
04-22-2014 05:14 PM
by BelleCityLawn1
19 877
Back for this year
xandrew245x
02-21-2014 04:30 PM
04-22-2014 03:36 PM
by xandrew245x
19 1,017
What Was Your Setup When...
superrman77
02-11-2014 10:53 AM
04-22-2014 12:29 AM
by Tony317
22 1,725
Sulky and Turf Tracer
acrajchel
04-07-2014 01:44 PM
04-22-2014 12:07 AM
by Tony317
9 450
danny 2
danny2
04-19-2014 10:19 PM
04-21-2014 12:25 PM
by Steve
3 138
this mower is driving me...
boog
04-17-2014 12:07 PM
04-21-2014 12:10 PM
by kslawn
13 365
What Fertilizer to Use?
acrajchel
04-07-2014 01:56 PM
04-21-2014 12:02 PM
by kslawn
20 611
I Got Taken...,
Dan Tanner
04-19-2014 06:26 AM
04-21-2014 11:49 AM
by Steve
4 233
new to this forum!
mower13126
04-18-2014 07:37 PM
04-21-2014 11:39 AM
by Steve
4 150
REO calling
Dan Tanner
04-16-2014 05:03 PM
04-21-2014 11:33 AM
by Steve
12 351
employee pay
4 seasons maintenance
04-10-2011 09:34 PM
04-20-2014 04:40 PM
by Dan Tanner
20 6,890
These are the days on...
ExtremeLawncareServices
03-22-2014 09:12 AM
04-20-2014 11:13 AM
by ExtremeLawncareServices
32 1,217
Lawn Renovation
stevef1201
04-11-2014 12:00 PM
04-20-2014 11:11 AM
by kslawn
10 368
Customers droping like...
goodtimez
04-18-2014 09:53 AM
04-19-2014 08:09 AM
by CDLAWNCARE
7 232
Best Bulk Mulch delivery...
Steven Virgadamo
04-18-2014 09:52 AM
04-18-2014 05:34 PM
by Steve
2 106
Steve Virgadamo,...
Steven Virgadamo
04-18-2014 09:49 AM
04-18-2014 05:08 PM
by Steve
2 90
Instagram
Gerardo_Landscape
04-16-2014 11:28 AM
04-18-2014 04:51 PM
by Steve
3 191
Help with weed liability!
Prolawnofchatt
04-15-2014 09:10 AM
04-18-2014 04:47 PM
by Steve
5 249
Nationwide lawn care...
Billy Goat
04-15-2014 05:21 PM
04-18-2014 04:39 PM
by Steve
9 268
Truck Signage
Dan Tanner
04-16-2014 11:00 PM
04-18-2014 04:04 PM
by stevef1201
10 290
leaf removal
tlf59263
04-15-2014 10:00 PM
04-18-2014 03:59 PM
by stevef1201
6 241
Pay per click advertising
roostertail
02-12-2014 07:26 PM
04-17-2014 07:11 PM
by yardrate
10 641
Accepting credit cards,...
Darksteel
03-17-2014 08:01 PM
04-16-2014 01:02 PM
by jymie
15 810
Trimec
acrajchel
04-15-2014 08:24 PM
04-16-2014 11:10 AM
by Steve
3 151
Gopher Forum Discount!
BlackRain75
04-12-2014 10:44 PM
04-16-2014 10:50 AM
by Steve
9 349
hello
NFrailey
04-15-2014 01:39 PM
04-16-2014 10:48 AM
by Steve
1 134
Pricing a Mulch Job
dmcalpi
04-07-2014 02:16 PM
04-16-2014 09:40 AM
by jymie
21 796
google earth
CDLAWNCARE
04-12-2014 03:24 PM
04-16-2014 09:36 AM
by jymie
8 299
There has to be an...
CDLAWNCARE
04-14-2014 12:59 PM
04-15-2014 04:06 PM
by Dan Tanner
6 237
First Day Back!
BelleCityLawn1
04-09-2014 09:13 PM
04-15-2014 11:16 AM
by Steve
11 372
Mow America
stevegredler
04-13-2014 01:02 PM
04-14-2014 09:53 PM
by kslawn
5 278
Power Broom
acrajchel
04-14-2014 07:46 AM
04-14-2014 12:47 PM
by CDLAWNCARE
2 156
Say Hello !!!
Steve
03-19-2007 11:18 AM
04-14-2014 11:34 AM
by Steve
1,176 286,938
Equipment reviews
Greg'slawnandlandscape
04-09-2014 07:17 AM
04-14-2014 11:27 AM
by Greg'slawnandlandscape
13 533
Aerating Prices?
Dan Tanner
04-08-2014 03:16 PM
04-14-2014 10:31 AM
by Steve
13 541
Estimating help
acrajchel
04-11-2014 06:06 PM
04-14-2014 10:20 AM
by Steve
3 244
Need help bidding church...
GreenRidge Lawn&Landscape
04-07-2014 08:01 PM
04-14-2014 09:49 AM
by Steve
12 502
» Popular Tags
4x4 ads article marketing blower butterfly gardens care charge christmas light hanging christmas lighting color jet courtesy call craigslist credit card cultivation customers decorating echo exmark ferris florida four wheel drive fundraiser gopherhaul grass gravely health holiday holiday lighting how much to charge kansas city labor cost lawn lawn care lawn care business lawn care business book lawn care business show lawn clarksville leaf marketing mechanic monthly mow mowing mulch mulch price new buisness new business new start office management oil payment podcast property management company requests riding mower scag schedule selling seo snow starting a business steve stihl tree care turfgrass consulting upsell walk behind walker winter money making ideas yard clarksville
Powered by vBadvanced CMPS v3.1.0

All times are GMT -5. The time now is 12:02 PM.


(C) 2011 Riggs Publications - Terms of use & Privacy Policy

All times are GMT -5. The time now is 12:02 PM.

(C) 2011 Riggs Publications - Terms of use & Privacy Policy