Non Compete & Non Solicitation
- Thread starter JimYoung
- Start date
- 14,809
Vol - totally agree. Who wants to go through underwriting again to get a new policy though a new carrier without being prodded to do so?
- 4,132
Wow, could you be over worrying yourself? 15 agents all leaving? All leaving behind renewals and what ever deffered compensation NWM offers? Wow? you must be awesome or have a great rack or something? 
Unless NWM does it differently, these agents, if any good, would be leaving behind their clients and all the deferred commissions and overrides.
Unless NWM does it differently, these agents, if any good, would be leaving behind their clients and all the deferred commissions and overrides.
- 11,277
What's so great at Guardian that you don't have at NWM (aside from less 'captivity')?
- 1,931
No and having had to would not have giving me the common sense if I didn't have it already. I said the others following him on their own, on their own would not be a violation of his agreement. If you disagree, spell it out don't just give a smug assuming response. You know when you assume you... Have you ever fought one? Must have which qualified you to speak on the subject. ha. Now how would it be a violation?
I think people watch too many TV shows. Getting paranoid. I wouldn't even have an attorney to fight this one. What was he to do, stop them from leaving, stop the new company from hiring them? Crazy. Al long as he doesn't entice them he has no problem. To be safe just don't talk to them period other than to say good bye on your way out the door. They will find out on their own where you went. Get a third party to explain to them why you can't discuss it with them.
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- Thread starter
- #16
I'm leaving because the Guardian GA allows us to broker out other products instead of my current NWM GA who wants everything to be NWM products.
A lot of agents would leave because as of right now, they are currently coming to me to do joint work instead of their own sales manager.
What kind of legal bills would I be looking at?
A lot of agents would leave because as of right now, they are currently coming to me to do joint work instead of their own sales manager.
What kind of legal bills would I be looking at?
- 14,809
Completely unrelated to your case but my friend was sued by an insurance company - it cost $60,000 to defend himself, he lost and filed bankruptcy.
Lets say the agents leave and NML sues you, what are they going to be looking for for damages? What are they even going to file the complaint under? Breech of contract? Ok, so then they have to figure out what the indemnification amount is. They'd make an assumed production income from those agents that left.
So first, they'd have to prove that you in fact recruited those agents. That you made a concerted effort to get them to leave NML and join you at Guardian, remember YOU, not that Guardian reached out to them, not that they themselves hit the find out more button on the career section of the Guardian web site.
Again, sales managers' leaving one company and taking their entire unit with them is not a new occurrence. In fact, a lot of companies fire agents when their managers leave.
There is nothing stopping your Guardian GA from recruiting and hiring all of these agents and leaving you completely out of the picture until after they've been hired. The GA is under no obligation with NML, this is usually how the process is handled.
So first, they'd have to prove that you in fact recruited those agents. That you made a concerted effort to get them to leave NML and join you at Guardian, remember YOU, not that Guardian reached out to them, not that they themselves hit the find out more button on the career section of the Guardian web site.
Again, sales managers' leaving one company and taking their entire unit with them is not a new occurrence. In fact, a lot of companies fire agents when their managers leave.
There is nothing stopping your Guardian GA from recruiting and hiring all of these agents and leaving you completely out of the picture until after they've been hired. The GA is under no obligation with NML, this is usually how the process is handled.
It costs almost nothing to file a suit and you don't have to prove anything to get a judge to sign off on it. All you have to do is allege you or your business was damaged and then the fun starts.
Yes, and it has been detailed on this forum more than once.
- 14,809
I'll add to Somarco that not only does it cost almost nothing for them to file, but they likely have house council (on payroll.)
It's as easy as this: "Hey, house attorney, go sue agent Smith."
I've also had dealings - although never ended up in court when my former captive outfit mailed me a cease and desist and their intent to sue.
I consulted with an attorney who went over my options, likely outcome and projected expenses. Needless to say, I avoided court.
It's as easy as this: "Hey, house attorney, go sue agent Smith."
I've also had dealings - although never ended up in court when my former captive outfit mailed me a cease and desist and their intent to sue.
I consulted with an attorney who went over my options, likely outcome and projected expenses. Needless to say, I avoided court.
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