Menu
Button: Make a Payment Button: Newsletter Mailing List

Icon: Healthcare LawHands-On Experience

Providing legal advice

and services since 1977

Comment About ECV And Customers With Special Needs / Ex-Employee Competing - December 13, 2016

***********************
COMMENT ABOUT ECV AND CUSTOMERS WITH SPECIAL NEEDS
***********************
Ken,  
   This is In response to Detective Robinsons comment about ECV and customers with special needs in the article on December 6, 2016.  [that was one issue addressed in the article]
   Several years ago when we implemented ECV in Florida we worked with many jurisdictions where we had special needs customers for any number of reasons.  Not one was so rigid or uncooperative that they wouldn't make an exception or allowance under certain special circumstances whereby we could immediately dispatch the responding authorities when needed.  One Dept even provided us with a special and unique 10 code to use when dispatching so the emergency center knew that this was not only acceptable but a higher priority response.
    Cooperation and communication with law enforcement is the key.
Roy Pollack, CPP SET
**********************
HOW LONG ARE YOU ON HOLD
***********************
Ken
   Well honeywell tech service finally beat their record... 25 min on hold  They take the cake for PISS POOR HOLD TIMES
Mike
CSS
***********************
RESPONSE
***********************
   Hope they at least play music.  Come on Honeywell, how about a call back process.  
***********************
EX-EMPLOYEE COMPETING
************************
Ken,
   An employee that I fired is now soliciting my clients for work.  He signed an Employment Agreement with us that you created.  What's my next move? A cease & desist letter?
name withheld
************************
RESPONSE
*************************
   The Standard Employment Agreement has an arbitration provision, and we could start that immediately.  However, I suggest a stern letter for starters, which you might consider a "cease and desist" letter.  A letter is not a court order and can be ignored.  You have a restrictive covenant and the only way to find out if it will be enforced is to start a proceeding, either lawsuit or arbitration.  
   First item of business is determining if the ex-employee is violating the restrictive covenant.  One issue may be whether there is solicitation or service only when contacted by a customer.  Another issue will be is the ex-employee using company documents to find and solicit your customers.  Even though that distinction may not be necessary it could be important when trying to enforce the agreement.  Jumping to the final issue, you have to decide if it makes economic sense to bother enforcing the agreement.  Loss of a handful of accounts is not going to be worth it.  If you think letting one go will lead to many others then you may have no choice but to enforce the agreement.  
   When designing restrictive covenants be sure to keep the terms reasonable and only necessary for the protection of your business when viewed by an outsider, the judge.  If you do business in one town and try to restrict the entire state then don't expect the agreement to be enforced.