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Question for legal eagles (contracts) sorry long

MartinVanDawgin

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So yeah, I’ve consulted legal counsel about this, but thought I’d get some Chatsperts in on it to give their opinion.

I work in insurance. Been with same firm for 8 years. Doing exceedingly well, enjoy my job, even without spending Fridays on the golf course (seemingly that’s what everyone thinks we do most days). Management seems to be pleased with growth and how I go about my business every day.

I was in my early twenties when I was hired and was a little naive and took some of their promises about my compensation at their word. Obviously, those weren’t formalized and have never been addressed, even though I refresh their mind about it at least once a year at my review.

Late last year, it appeared to have worked, and they put some things together. I didn’t really agree to those, but I expressed my interest, with a few changes for them to consider. Two weeks later, they wanted to meet again and asked me my thoughts about their compensation package. I told them honestly and had numbers to support my position (and theirs) and they said they wanted to think it about and let me know in a few days. I come back in two days later and they say “Let’s start over. Think about what you want to do and we’ll put some thought into something more creative.” Nothing happens.

In February, they said they were putting together two other options and we’d be discussing soon. He said a non-compete would obviously be a part of that. Understandable.

Radio silence...

Last week I mentioned something about really wanting to get this hammered out for me and my family long term. Monday they walked in and threw a non-solicit on my desk and told me they needed an answer by Wednesday.

First off, that doesn’t seem like a reasonable amount of time to review it. I consulted with an attorney that my guy recommended yesterday and he said he’d need a week. Employer was ok with that.

I don’t think it’s out of line for me to ask them to either compensate me for the non-solicit or address my compensation going forward before I sign anything. To that end I said, basically, is this needing to be completed before we come to terms. I got an indication to the affirmative back.

At this point, I really want to work something out, but I don’t want to continue to do what I’m doing, be compensated the same way, and in ten years the place be sold to a national broker and I work for someone in Connecticut because of a non-solicit I signed 12 years ago.

I’ve basically decided to go in tomorrow and tell them I’m not signing anything until we sort out how I’m paid or they compensate me for my signature then. Who thinks I’ll get fired and do any of you have suggestions.
 
So yeah, I’ve consulted legal counsel about this, but thought I’d get some Chatsperts in on it to give their opinion.

I work in insurance. Been with same firm for 8 years. Doing exceedingly well, enjoy my job, even without spending Fridays on the golf course (seemingly that’s what everyone thinks we do most days). Management seems to be pleased with growth and how I go about my business every day.

I was in my early twenties when I was hired and was a little naive and took some of their promises about my compensation at their word. Obviously, those weren’t formalized and have never been addressed, even though I refresh their mind about it at least once a year at my review.

Late last year, it appeared to have worked, and they put some things together. I didn’t really agree to those, but I expressed my interest, with a few changes for them to consider. Two weeks later, they wanted to meet again and asked me my thoughts about their compensation package. I told them honestly and had numbers to support my position (and theirs) and they said they wanted to think it about and let me know in a few days. I come back in two days later and they say “Let’s start over. Think about what you want to do and we’ll put some thought into something more creative.” Nothing happens.

In February, they said they were putting together two other options and we’d be discussing soon. He said a non-compete would obviously be a part of that. Understandable.

Radio silence...

Last week I mentioned something about really wanting to get this hammered out for me and my family long term. Monday they walked in and threw a non-solicit on my desk and told me they needed an answer by Wednesday.

First off, that doesn’t seem like a reasonable amount of time to review it. I consulted with an attorney that my guy recommended yesterday and he said he’d need a week. Employer was ok with that.

I don’t think it’s out of line for me to ask them to either compensate me for the non-solicit or address my compensation going forward before I sign anything. To that end I said, basically, is this needing to be completed before we come to terms. I got an indication to the affirmative back.

At this point, I really want to work something out, but I don’t want to continue to do what I’m doing, be compensated the same way, and in ten years the place be sold to a national broker and I work for someone in Connecticut because of a non-solicit I signed 12 years ago.

I’ve basically decided to go in tomorrow and tell them I’m not signing anything until we sort out how I’m paid or they compensate me for my signature then. Who thinks I’ll get fired and do any of you have suggestions.
You are being played. Be quiet and buy time. Get some irons in the fire now, and be prepared to walk.
 
@donalsonville_dawg may be able to weigh in on this but it was my understanding that non-compete clauses were almost impossible to enforce in Georgia outside of passing along trade secrets or proprietary information.
 
Not a legal eagle but have been negotiating contracts for over 35 yrs. First, do your homework and try to get as much info as possible about what type of gross compensation similar reps in the area are making. Make a realistic decision about what you are worth.

Next, be ready to take your book of clients and walk. If you are making money for the brokers, they do not want you to walk, esp if your compensation is based on a percentage of what you produce.

Finally, you do not want to give away your book of clients without a clause that allows you to get out of that agreement if the agency is sold or if you are terminated.

It sounds like you are being played and I wouldn't be strong armed into a position of giving away your leverage and then trying to negotiate your package, esp when they have shown they will string you along.
 
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Well, I’m not fired yet, but I said I wasn’t signing anything until we had an agreement in place for compensation. I heard “team player” about 57 times and discovered I wasn’t one, but we’ll see if I make it to the end of the day.
 
Well, I’m not fired yet, but I said I wasn’t signing anything until we had an agreement in place for compensation. I heard “team player” about 57 times and discovered I wasn’t one, but we’ll see if I make it to the end of the day.
This is not a team sport, there is only one name on the paycheck. Good luck.
 
Well sounds like you were being pushy and now they giving you , your getting you own medicine.

contract work is for coaches and pro athletes. If you ain’t one of those then , just do your job . You fixing to burn your own butt with this non compete clause .

how do you know they don’t have something on you and getting ready to fire ya ? Now you can’t work for anyone in that line or work because you sign something.

sounds like you’re pretty cocky and people like you will get burn . Well the fire on your desk . Waiting in your move . Basically they told you take it or leave it .

sounds like you fixing be out of a job
 
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They know you can get frustrated and leave for another company. They don't want that, thus the non-compete. However, they want their cake and eat it too. They want you to commit to them but them not commit to you. They are jerking you around. Don't sign it. Non-competes might be hard to enforce in Ga but they sure can be costly to defend. Your choice is be ready to get a new job or let them own you for years to come.
 
@donalsonville_dawg may be able to weigh in on this but it was my understanding that non-compete clauses were almost impossible to enforce in Georgia outside of passing along trade secrets or proprietary information.

Non-competes in Georgia are much more enforceable than they once were. A new, more employer friendly statute was passed in 2011.
 
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Non-competes in Georgia are much more enforceable than they once were. A new, more employer friendly statute was passed in 2011.

sounds you saying he shouldn’t said anything and keep things as they were. That what I think to but now Mr Cocky done back himself into a corner . Lol
 
sounds you saying he shouldn’t said anything and keep things as they were. That what I think to but now Mr Cocky done back himself into a corner . Lol

No, just saying be careful, and don't assume you can get out of a bad deal later, which is how some people used to approach non-compete/non-solitation agreements in Georgia in the past.
 
So yeah, I’ve consulted legal counsel about this, but thought I’d get some Chatsperts in on it to give their opinion.

I work in insurance. Been with same firm for 8 years. Doing exceedingly well, enjoy my job, even without spending Fridays on the golf course (seemingly that’s what everyone thinks we do most days). Management seems to be pleased with growth and how I go about my business every day.

I was in my early twenties when I was hired and was a little naive and took some of their promises about my compensation at their word. Obviously, those weren’t formalized and have never been addressed, even though I refresh their mind about it at least once a year at my review.

Late last year, it appeared to have worked, and they put some things together. I didn’t really agree to those, but I expressed my interest, with a few changes for them to consider. Two weeks later, they wanted to meet again and asked me my thoughts about their compensation package. I told them honestly and had numbers to support my position (and theirs) and they said they wanted to think it about and let me know in a few days. I come back in two days later and they say “Let’s start over. Think about what you want to do and we’ll put some thought into something more creative.” Nothing happens.

In February, they said they were putting together two other options and we’d be discussing soon. He said a non-compete would obviously be a part of that. Understandable.

Radio silence...

Last week I mentioned something about really wanting to get this hammered out for me and my family long term. Monday they walked in and threw a non-solicit on my desk and told me they needed an answer by Wednesday.

First off, that doesn’t seem like a reasonable amount of time to review it. I consulted with an attorney that my guy recommended yesterday and he said he’d need a week. Employer was ok with that.

I don’t think it’s out of line for me to ask them to either compensate me for the non-solicit or address my compensation going forward before I sign anything. To that end I said, basically, is this needing to be completed before we come to terms. I got an indication to the affirmative back.

At this point, I really want to work something out, but I don’t want to continue to do what I’m doing, be compensated the same way, and in ten years the place be sold to a national broker and I work for someone in Connecticut because of a non-solicit I signed 12 years ago.

I’ve basically decided to go in tomorrow and tell them I’m not signing anything until we sort out how I’m paid or they compensate me for my signature then. Who thinks I’ll get fired and do any of you have suggestions.
I see this as more of a contract negotiation issue than a legal issue. You know your company and position better than we do. I would make sure that I had a solid backup plan before I gave my company an ultimatum. They may tell you to pound sand.
 
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sounds you saying he shouldn’t said anything and keep things as they were. That what I think to but now Mr Cocky done back himself into a corner . Lol
Actually it sounds like he is a cash cow for the company and the greedy owners are dangling carrots and moving goalposts because he doesn't have enough grey hair. The big dogs love the business he brings in but they sure don't like a greenhorn standing in the spotlight. They believe he is a threat to leave and fear his departure would bite them in the arse. Big ego and greed prevent them to drop the carrot. If they don't have his back now,they will never have it. Time for him to bolt with his million dollar book and find a company that rewards a whale not starve him.
 
Actually it sounds like he is a cash cow for the company and the greedy owners are dangling carrots and moving goalposts because he doesn't have enough grey hair. The big dogs love the business he brings in but they sure don't like a greenhorn standing in the spotlight. They believe he is a threat to leave and fear his departure would bite them in the arse. Big ego and greed prevent them to drop the carrot. If they don't have his back now,they will never have it. Time for him to bolt with his million dollar book and find a company that rewards a whale not starve him.

Or it sounds like they are good business owners that are not convinced their employee has opportunities as good as they provide. I was once an employee and had the attitude that I was looking for a job when I found the one I had. I'm now an employer and have the attitude that I was looking for employees when I found the ones I have.

If I have an employee that is easily replaced I use that leverage when negotiating. If I have an employee that makes me money and I know my competitors would snatch them up, they get a bump to their market value. It's not greed, it's business.
 
So yeah, I’ve consulted legal counsel about this, but thought I’d get some Chatsperts in on it to give their opinion.

I work in insurance. Been with same firm for 8 years. Doing exceedingly well, enjoy my job, even without spending Fridays on the golf course (seemingly that’s what everyone thinks we do most days). Management seems to be pleased with growth and how I go about my business every day.

I was in my early twenties when I was hired and was a little naive and took some of their promises about my compensation at their word. Obviously, those weren’t formalized and have never been addressed, even though I refresh their mind about it at least once a year at my review.

Late last year, it appeared to have worked, and they put some things together. I didn’t really agree to those, but I expressed my interest, with a few changes for them to consider. Two weeks later, they wanted to meet again and asked me my thoughts about their compensation package. I told them honestly and had numbers to support my position (and theirs) and they said they wanted to think it about and let me know in a few days. I come back in two days later and they say “Let’s start over. Think about what you want to do and we’ll put some thought into something more creative.” Nothing happens.

In February, they said they were putting together two other options and we’d be discussing soon. He said a non-compete would obviously be a part of that. Understandable.

Radio silence...

Last week I mentioned something about really wanting to get this hammered out for me and my family long term. Monday they walked in and threw a non-solicit on my desk and told me they needed an answer by Wednesday.

First off, that doesn’t seem like a reasonable amount of time to review it. I consulted with an attorney that my guy recommended yesterday and he said he’d need a week. Employer was ok with that.

I don’t think it’s out of line for me to ask them to either compensate me for the non-solicit or address my compensation going forward before I sign anything. To that end I said, basically, is this needing to be completed before we come to terms. I got an indication to the affirmative back.

At this point, I really want to work something out, but I don’t want to continue to do what I’m doing, be compensated the same way, and in ten years the place be sold to a national broker and I work for someone in Connecticut because of a non-solicit I signed 12 years ago.

I’ve basically decided to go in tomorrow and tell them I’m not signing anything until we sort out how I’m paid or they compensate me for my signature then. Who thinks I’ll get fired and do any of you have suggestions.
I guess you are dealing with Allstate. If yes, shut up or get an exit plan.
 
I guess you are dealing with Allstate. If yes, shut up or get an exit plan.

Would not go near an Allstate. Don’t do much personal lines. I have some specialized niches in the commercial space.

I’m not being cocky, I’ve worked my tail off to have a $500k revenue book. I don’t want to lose it all when an M&A firm swoops in and buys our agency and tells me I have to work in their office in Duluth. I want to be able to be my girls little league coach and take them to the park on Fridays and have lunch with my wife a few times a week.

They said they had too much invested and wanted to make it work. I guess they thought I might be dumb enough to sign it without threatening to leave if we didn’t build some equity into what I’m doing long term.
 
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Would not go near an Allstate. Don’t do much personal lines. I have some specialized niches in the commercial space.

I’m not being cocky, I’ve worked my tail off to have a $500k revenue book. I don’t want to lose it all when an M&A firm swoops in and buys our agency and tells me I have to work in their office in Duluth. I want to be able to be my girls little league coach and take them to the park on Fridays and have lunch with my wife a few times a week.

They said they had too much invested and wanted to make it work. I guess they thought I might be dumb enough to sign it without threatening to leave if we didn’t build some equity into what I’m doing long term.
I hope you are an Independent Agent. Just sounds like Allstate's gestapo tactics.
 
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