I WANT TO KNOW FROM ALL OF YOU IF THIS HAS HAPPEND TO YOU AT ONE POINT OF YOUR BUSINESS. LAST WEEK I WENT TO CHECK UP ON ONE OF MY ACCOUNTS AND THE EMPLOYEE THAT I HAVE THIR SHE TAKES CARE OF THAT ACCOUNT AND THIS WAY I DON'T HAVE TO GO THEIR EVERY DAY. THE ACCOUNT SITS IN THE MIDDLE OF OTHER OFFICES, SO WHEN I GOT THEIR AND WAS LOOKING AROUND AND INSPECTING THE PLACE I SEE THE COMPLEX ADMINISTRATOR COME INTO MY ACCOUNT AND STARTS TALKING TO MY EMPLOYEE AND HANDS HER A CHECK. APERANTLY SHE CLEANED AN OFFICE ACROSS THE PARKING LOT FOR THIS PERSON. MY QUESTION NOW IS HOW DO YOU TAKE THIS SITUATION DO YOU JUST LET SLIDE OR WHAT DO YOU DO? THIS REALLY GOT ME REALLY MAD BECAUSE SHE COULD EASY TRY TO TAKE MY ACCOUNT. I DON'T KNOW WHAT TO DO.

PLEASE HELP.
ESTEBAN

did you talk to her about it. what did she say..

Did your employee sign a non-compete statement at her time of hire?
She is an employee and not a sub contractor correct?
If she is an employee you will have few options open to you. As long as she does the work she is assigned at the place(s) she is sent within the allowed time you really don't have any right to complain about her other job even if it is crowding you. IF she uses your equipment, chemicals, company name or paid time to do the "outside" work you have a legitimate gripe. If she uses any of your "stuff" to secure and/or work the job you could possibly fire her for theft.
If she is a sub contractor don't give her any more jobs.
In my honest opinion, you are stuck in this situation.
PS: I am not a lawyer or legal type person. The above is only my opinion.
James

YES SHE IS AN EMPLOYEE. NO I HAVE NOT TALKED TO HER AND NO SHE HAS NOT SIGNED A NON-COMPETE FORM. WHERE CAN I GET ONE? AS FAR HER USING MY STUFF I REALLY DON'T KNOW IF SHE DID USED THEM OR NOT BUT I WOULD GUESS SHE DID USED THEM. I HAVE TO GO THEIR TODAY AND I WILL TALK TO HER AND ASK HER WHAT SHE USED TO DO THE WORK.

THANKS GUYS

You can write up your own non compete agreement or do a search here or on the web. They're pretty easy to write. Make sure she reads and understands it before she signs it.
James

Well if she's an employee, and the other account has nothing to do with you, theres not very much you could do. she is aloud to do what ever she wants on her own time. But i would make sure she is not using your equipment. and if she is, fire her. I have an employee thats a hair dresser, after she is done cleaning, she set up her stuff and gives the employees hair cuts, of course they pay here. and its on her own time. The company loves it, she gives them a little discount,since there my customer. even the president of the company, and the administrators get there hair done by her. she actualy sets up in one of the office they don't use. and they all make appoinments, and go in there and get ther hair done. I don't care as long as they know I am not responsible for any of it. and they can't hire her, due to our contracts. she is making good money doing it, so there is a big benefit for her while working for me, she gets a shit load of clients her self. She happy, the company happy, so i'm happy...

so the whole point is, if it has nothing to do with your company, I would'nt worry about it, as long as its on there own time, and there using there own equipment. they have a right to earn a extra income. but i would put something in writting in your contracts about customers trying to hire your employees, and also a non-compete form for the employee..

I think I don't see how bringing a no-compete is going to work if you did not like what happened. The only case I can see is if your equipment is being used for non-company work, in which case, I don't know what you can do but camp out and catch the act (if applicable). Otherwise, what can you be mad at besides not going after that account first? From the employee point of view (if they use their own equipment) "Geez, boss, you don't want me to make good for myself; you want my spare time to be yours for _what_ reason?"

THANK YOUR VERY MUCH RJ I KNOW THAT EVERYONE NEEDS TO MAKE MONEY AND IT'S FINE FOR HER TO DO IT, BUT LIKE YOU SAID ON HER OWN TIME AND WITH HER OWN EQUIPMENT.

Hey Esteban, when you talk to her, find out if it was just a one time thing, if it was, you could use it for an excuse to
go over and talk to the other guy, and tell them if they contract with you. you will send her over to clean. it could work
out to the good. she gets more hours, the customer gets her cleaning, and you get another account. even if she does it regular
she most likely does not have insurance, talk to them, and explain to them, if they contract with you, they will still get her cleaning and then they'll be covered under your insurance, then they will not have to worry about her getting hurt and all that good stuff.
they might like the idea, and you can actualy tell them you give them a little 10% discount. just raise your price an extra 10% then
on paper put 10% dicount,or just tell them 10%, but in reality there getting 0%..could work..then in the contract slap the no hire employees deal in there. it will help stop any future plans of them hiring your employees.

This will sound tough - but you will not be respected professionally unless you 1) terminate her 2)have written and specific rules for employee conduct on the job regarding this type of activity from this point forward for EVERY employee.

If employees have legitimate self-employment activities - you have a right to know and you also have a right to prevent them from promoting them in and around your jobs.

The facility manager obviously doesn't respect you and your company so there's probably not much hope for his business - but I'd still terminate the employee and move on. You may first want to hire a replacement so you don't get bogged down - but I would do it ASAP.

But by what grounds can he fire her on Jeol, if its not job related. wouldn't this make her eligable for unemployment.

The more I think about it, the more Joel is right. I just discussed it with a carpet-cleaner. The problem would be that if the employee attracted the attention of the complex manager while on duty for estruiz-cleaning, then the employee is using the presence of estruiz-cleaning while taking business away from it.

Also, if everything is perfectly legit in every way, then the employee could be considered a competitor, no?

It is job-related. She's conducting private business on company time paid for by Estruiz' company. Even if it's not written it's commonly understood to be improper. I'd protest any unemployment also- but I bet she's part-time and won't apply for it.

Thats true Jeol, Esteban forget what i said, fire her ass. Get her out of there, have no mercy, take that girl down.lol