Forbid employee to open own hosting service?

BlackStorm

New member
Forbid employee to open own hosting service

Would you forbid an employee to open their own hosting service?
If you would, what reason would you give and would you tell each that this is a term of their contract.
If not, would you not be worried about an employee taking your customers and running?
 
Yes I would definitely forbid an employee to open their hosting business simply because they would use my hard earned money and time and grab my customers and jet...but nowadays there is nothing you could do about it since employees have been too proud and confident...
 
It would probably depend on if I knew the employee or not.. if he was a personal friend I knew for a real long time I would let him have his own, but one time he offered to them, he would be gone.

I probably would not want my employees owning a company themselves.
 
Hey John,

In Canada (and I imagine elsewhere), you cant really stop someone from opening a business or working for the competition. Regardless if its the exact same type of business their current employer runs. Even if you write it into their contract, it wont hold up anywhere. They can start their own business or go work for the competition - theory is, everyone has the right to earn a living and a right to use their skills to gain employment.

But - you can prevent people from chasing your customers and influenceing your customers in any way after they leave your company. Theres a simple "trust" form you get them to sign. This way, if they ever leave, they can never pursue your customers (for their own business or your competition). If they do, you can sue them and you will win...

yes, we make every employee sign this :)
 
I agree with you Andrew...not only in Canada...anywhere you could say because now I have noticed employees dont really want to work...I remember some BiG CEO of an airline mentioning this in an article of his how the employers have to be extra careful in saying the right words to their employees since they can just walk out whenever they want to. Gordy...I dont know about good friends since I have seen that happen right in front of my eyes :rolleyes:
 
I wouldnt mind if I knew someone and they worked for me and had their own company.
It wouldnt look good for them if they tried to steal customers from you, not only would they have broken trust between friends, but they would also ruin the reputation of their own company and you could let others know about this.
I think employees have so much power in the world of work now, they call the quits for a lot of things these days instead of the employer
 

<< Forbid employee to open own hosting service. Would you forbid an employee to open their own hosting service? If you would, what reason would you give and would you tell each that this is a term of their contract. If not, would you not be worried about an employee taking your customers and running? >>

Would I forbid them to open their own company? No. It's their choice, their free will. They have the right to open one if they want. Plus, if they do and they steal my clients, I know for a fact my clients will come back to me due to my company would have a better rep than theirs and also mine would be more stable. ;)
Currently my company, has a lot of services. One of which is consulting - if one of my employees started a consultancy company, I wouldn't care. It takes a lot to get known in the world, and also it costs a lot of money. Shared hosting, then yes I'd be somewhat concerned but not too much since I have few of those clients and don't concentrate on them anymore so I wouldn't really care again. Dedicated hosting, yes I'd be very concerned because I'm planning to start my own soon - but again this takes a lot of money to start up and is very hard work, and since my company has very good finances and also has been around for a long time, I can do dedicated hosting easier than my employees. Same, really, with all my services.

But back to the main point of the post - no I would not stop them. Would I be concerned though, yes on certain services I would while others I wouldn't. Also, however, if I find my employee is spending more of his time in the office working on his own company than mine, then I'd forbid it or fire him.


<< Yes I would definitely forbid an employee to open their hosting business simply because they would use my hard earned money and time and grab my customers and jet... >>

I don't understand this.... I never knew you gave your employees your company bank details.... I mean, how else would they have access to your hard earned money to steal it?!


<< I probably would not want my employees owning a company themselves. >>

I don't think anyone does want their employees to own their own company, however no one can stop it. Although, you can get around this if you find that the employee spends more of his time on his own company than yours. If I find this, I'd have my solicitor send him a warning and then if he doesn't stop, I'd fire him on the grounds that he refuses to do his work 100%.
 
I would not allow any employees of mine to run a Hosting business on the side of my business. That's just stupid.

The whole point of running a business is to get the job done right and to be profitable... if you are going to have employees working on their own venture while under your clock.... you are losing money and productivity.

If they want to run a hosting business.... they will not be using my time/resources/experience as a tool to get started... they would be fired and start on their own.

Call me a hard ass... but if they are working for me... they will get what our company needs to get done... or they wont be working for me at all.

I know at my current full time job I have to log each and every task I am doing and how much time I spend on it. I have to put in a full 40 hour week timesheet at the end of each week. This helps my managers know what I am workig on, and how I am utilizing my time. If I dont turn in my 40 hour timesheet with the tasks/time on them... I get a nice yelling session from one of my managers. They just want the best out of me and for the company. I would do the same thing if I were in their shoes.
 

First off, Merry Christmas to all.


<< I would not allow any employees of mine to run a Hosting business on the side of my business. That's just stupid. >>

It depends Vovex. If your employee does not take your clients from your business, if your employee does not do his own personal work in the time when he does yours, then it is fine. You really, unfortunately, cannot stop anyone from running their own business even in the same market as yours, as long as they don't do their work in the time they are supposed to do yours and as long as they don't steal your clients. These things are very important to remember.
If he only does work for you in the times he is employed for and if he does not steal your clients, then there is really nothing you can do.


<< The whole point of running a business is to get the job done right and to be profitable... if you are going to have employees working on their own venture while under your clock.... you are losing money and productivity. >>

Exactly Vovex. Although, again if they don't do their personal/private work in the times they are employed under you, there is nothing you can do. If they work on their private venture while under your clock, yes that is terms for dismissal - however, if they merely do work for you and your business under your clock, it won't lose you money and it won't lose you productivity.


<< If they want to run a hosting business.... they will not be using my time/resources/experience as a tool to get started... they would be fired and start on their own. >>

Also very good points here.


<< Call me a hard ass... but if they are working for me... they will get what our company needs to get done... or they wont be working for me at all. >>

Exactly, very good point as well. No one is calling you a hard ass, or will. Your logic is like others, or as far as I can make out is - they do only work for you under the hours you employ them and run their own business in their free time when they are not under your clock.


Question Vovex, what would you do if they ran their own hosting business, but outside of work hours. For example, they work for you and solely for you 8am to 8pm, but out of those hours and in their lunch break maybe as well, they work on their own private venture? Would you allow this?
Same question to others if you wish to answer.
 
You really, unfortunately, cannot stop anyone from running their own business even in the same market as yours, as long as they don't do their work in the time they are supposed to do yours and as long as they don't steal your clients.

Bzzt! Wrong answer!

I would have every employee sign a non-disclosure and non-competition agreement along with their contract of employment. That prevents this situation from ever arising. They're banned from opening a competing company while they work for me, and for a set period afterwards (normally 2 years).

Don't sign it, don't get the job. Don't agree to the terms? Don't work for me. Don't follow the agreement TO THE LETTER? Out on your ass faster than a greyhound on class A drugs.

NCCs and NDAs. Evil, but necessary.

Edit: And the "operating a company out of work hours" argument? Won't wash with most NCCs. Your employee is still under contract to you, whether they're in work hours or not.
 
Kinkamano,

I don't know where you are located, but Indiana is a right to work state.

If I found that one of my employees was actively competing with me, they would be gone, but there is pretty much nothing I can do legally to prevent them from starting a competing business after they leave.

Non-competes and NDA agreements have to be so tight that they are nearly useless here.

All the former employee has to do is halfway convince some booger-eating, sister-lovin', liberal, pansy, trailer-park-livin', third-grade-educated, small claims court judge (who in this backwoods part of the country doesn't even have to be an attorney!) that I'm somehow preventing him or her from earning a living, and poof! Our contract is dead.

Trust me, I've been through it with my wife's ad agency. Employee was actively soliciting her customers while working for her - had NCC and NDA in place and signed - then fired him, he started a business that not only competed directly, but used our databases, forms, etc. Too bad.

John
 
Anjay said:
Question Vovex, what would you do if they ran their own hosting business, but outside of work hours. For example, they work for you and solely for you 8am to 8pm, but out of those hours and in their lunch break maybe as well, they work on their own private venture? Would you allow this?
Same question to others if you wish to answer.

Yay finally I answer 6 months later :)

I still would not allow it, even if it was off the clock. His clients are potential clients of our business.
 
I would actually help out my employee with his own business unless I know he/she will steal my clients. Besides it doesn't matter if you tell the employee not to open their own business because they will not listen to you and do it if they want to.
 
kinkamono said:
Bzzt! Wrong answer!

I would have every employee sign a non-disclosure and non-competition agreement along with their contract of employment. That prevents this situation from ever arising. They're banned from opening a competing company while they work for me, and for a set period afterwards (normally 2 years).

Don't sign it, don't get the job. Don't agree to the terms? Don't work for me. Don't follow the agreement TO THE LETTER? Out on your ass faster than a greyhound on class A drugs.

NCCs and NDAs. Evil, but necessary.

Edit: And the "operating a company out of work hours" argument? Won't wash with most NCCs. Your employee is still under contract to you, whether they're in work hours or not.

Doesn't matter if they want to do it, you don't just have to tell them you don't want them to run their own business in the same market as you, you can make sure they don't ;)
 
In Canada, all you have to have is a clause in your Contract of Employment. Detailing to the employment agreement. Simply stating, what kinkamono said, Cannot work for/start a company operating of the similar nature for a set time period after employment in current company, wiether you have be dismissed or you terminated your own position.

However there are ways around this, you may start something which catures to the same nature of that company, which doesn't have similar operating techniques. Build up with current
technologies, and when time has gone through, techniqually you've built the clientel, you've created the goals and achieved them already. So basically you found the clause to that agreement and worked you way out of it, while in term doing the exact same thing as you.

As to Vovex with the following post,

Vovex Technology said:
Yay finally I answer 6 months later :)

I still would not allow it, even if it was off the clock. His clients are potential clients of our business.

You can't limit to what a employee does outside of your company. If he/she were to operate a company of similar stature, then you can limit, if the agreement states they cannot. But you cannot limit to the operation of a sole company or venture of an employee, if operations do not stand in the company as the same or similar operational standards.

I took contract law in my first year of college. However, this is canadian law, so it may be different.
 
Back
Top