Hello everyone,
I'm currently in the process of negotiating the acquisition of a vehicle repair shop. While the owners are willing to sign a non-compete agreement as part of the deal's closure, I'm also considering the idea of requiring the General Manager (GM), who essentially oversees the business operations, to sign a non-compete clause. However, the broker has indicated that it's uncommon for employees to sign non-compete agreements and there's a possibility that the GM might refuse.
I view this as a significant risk, as there's the potential for the GM to leave after the ownership transition, possibly taking valuable technicians and customers with them. The broker's suggestion is to have all key employees sign employment agreements once I've assumed ownership. While this is a potential solution, it feels like a reactive measure rather than a proactive one.
I would greatly appreciate practical advice on how to address these critical concerns before finalizing the deal. I believe it's important to find a way to mitigate these risks before the closing papers are signed, rather than dealing with them after the acquisition has already taken place. Your insights would be invaluable in helping me navigate this situation effectively.
Also, one thing to keep in mind, is that non-compete’s may be unenforceable relatively soon. The FTC proposed to ban them earlier this year (https://www.ftc.gov/news-events/news/press-releases/2023/01/ftc-proposes-rule-ban-noncompete-clauses-which-hurt-workers-harm-competition). I’ve read it may not go into effect until 2024, but to be conservative you should assume they will go away in the near future.