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  • Can I be sued if...

    I worked for a mobile fleet service company for about 4 weeks. While I was there I heard several complaints about the generally crappy service and quality of work and found out first hand that mechanics were charging companies for repairs and parts that were never done. I suspected that the other techs that were doing it were turning around and selling the parts on the side but thats another story.
    I started a new job and talked the owner of the company into letting me service heavy vehicles. A guy brought his personal pickup in for an alignment and I overheard him say the name of the fleet company I use to work for. I talked to him about it and he complained about all of the crappy service they had gotten and how he wanted someone else to service their fleet. I told him we could do it and we can service any vehicle he has. He got excited about it and wanted a proposal so I sent him one.
    Can I get into legal trouble if my company takes over their fleet service? Someone told me that my previous employer could sue me over it?
    Last edited by stephen4785; 07-25-2011, 09:42 AM.

  • #2
    Sounds like he came to you looking for a new service provider. You did not go to him so there is nothing you can be sued for. Didn't break any laws
    "Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson, 1776

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    • #3
      that guy is free to take his biz where ever he wants to
      1969 GTO Judge Clone 6.0 liter LQ4 Turbo 4L60e on LS1tech

      1960 Chevy Sedan Delivery LS swap

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      • #4
        Did you sign a no compete? I doubt it is a big deal...he came to you. You did not solicit his business

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        • #5
          He can sue you for whatever he feels necessary, unless you have a no compete clause though he's out of luck.

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          • #6
            even with an non-compete, it's a slippery slope as to what is and isn't legal.

            Just be ready to hire an attorney if he does sue.

            For most employees, a non-compete is generally hard to enforce, as long as you didn't go solicit his customers.

            For an owner/partner in a business that sold a non-compete is very simple to enforce.

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            • #7
              Originally posted by stephen4785 View Post
              I worked for a mobile fleet service company for about 4 weeks. While I was there I heard several complaints about the generally crappy service and quality of work and found out first hand that mechanics were charging companies for repairs and parts that were never done. I suspected that the other techs that were doing it were turning around and selling the parts on the side but thats another story.
              I started a new job and talked the owner of the company into letting me service heavy vehicles. A guy brought his personal pickup in for an alignment and I overheard him say the name of the fleet company I use to work for. I talked to him about it and he complained about all of the crappy service they had gotten and how he wanted someone else to service their fleet. I told him we could do it and we can service any vehicle he has. He got excited about it and wanted a proposal so I sent him one.
              Can I get into legal trouble if my company takes over their fleet service? Someone told me that my previous employer could sue me over it?
              If you signed a "no compete agreement" there's still not much they can do. Good business gets good business.... bad business loses good business.
              Originally posted by Vertnut
              I'd run my junk through a waffle iron, if it makes you more "comfortable". LOL!

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              • #8
                Originally posted by stephen4785 View Post
                I worked for a mobile fleet service company for about 4 weeks. While I was there I heard several complaints about the generally crappy service and quality of work and found out first hand that mechanics were charging companies for repairs and parts that were never done. I suspected that the other techs that were doing it were turning around and selling the parts on the side but thats another story.
                I started a new job and talked the owner of the company into letting me service heavy vehicles. A guy brought his personal pickup in for an alignment and I overheard him say the name of the fleet company I use to work for. I talked to him about it and he complained about all of the crappy service they had gotten and how he wanted someone else to service their fleet. I told him we could do it and we can service any vehicle he has. He got excited about it and wanted a proposal so I sent him one.
                Can I get into legal trouble if my company takes over their fleet service? Someone told me that my previous employer could sue me over it?
                as others have said; he can sue you if he wants...but that doesn't mean that anything will come of it. even if they made you sign a no-compete; it's not likely that they'll find a judge that will enforce it against an ex-employee.

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                • #9
                  I'm glad to hear you got the ball rolling for your shop to work on heavy stuff.

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                  • #10
                    Originally posted by Mysticcobrakilla View Post
                    I'm glad to hear you got the ball rolling for your shop to work on heavy stuff.
                    Thanks bro. Now all I need is an auto/truck mechanic.

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                    • #11
                      it would cost the old boss thousands to prove his case and a non-compete is pretty much worthless in TX. look a the financial industry, everyone signs a non-compete but if you talk to 10 employees 9 of them have worked for over 4 diff institutions and no one has been sued yet.

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                      • #12
                        Originally posted by stephen4785 View Post
                        Thanks bro. Now all I need is an auto/truck mechanic.
                        -------Whistles innocently......

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