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I spoke with the owner of Five Star today for about an hour. From everything I've seen and heard so far, he is an absolute top-notch guy. After talking again with Dan following that conversation, I believe I understand Dan's decision to resign. He was NOT fired.

The owner (whose name I'm refraining from mentioning until this is ironed out) assured me that it was his intention to keep Dan there "til he died." He has nothing but respect for Dan and his work. He was VERY pleased to hear all the lauding and praise for his (former) employee. He wanted nothing more than to keep our business and get more and more of the same. He was also very surprised by Dan's resignation.

We talked at length over the issues of the confidentiality/non-compete agreement. Dan is the only person in the company who had not signed the agreement. It is VERY customary for a large company to want to protect their assets. Those are not only tangibles, but also intangibles. What Dan was afraid of was being sued if for some reason he left the dealership and people chose of their own free will to follow him. He was worried that they dealership would them sue him for violation of that agreement.

I understand his point completely, and am going to talk again with the owner tomorrow to try and convey Dan's concerns to him. There needs to perhaps be some rewording of Dan's agreement to only allow potential action by the dealership if Dan willfully and purposefully attempts to bring customers with him if/when he chooses to leave. They can have no control over what people decide to do.

I told the owner that I'd like nothing more than to get Dan back in where he was and continue to make the internet portion of his business bigger and better than ever before. He like the sound of that. That will be my goal tomorrow.

I believe this problem to be a communications breakdown primarily. Hopefully an amicable agreement can be reached between the two parties involved.
 

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MadDog2020 said:
The only amicable agreement is that Dan is given his job back without any conditions.
Not likley to happen.

Sometimes you need to negotiate these kinds of things.

One problem I see: If the owner lets Dan sign a different agremment, then the rest of the employees will want to re-negotiate.

If everyone is not under the same agreement, then someone could cry foul. I think they ought to re-thing the whole thing and allow everyone to sign onto a new agreement.

My opinion, however, YMMV. I'm just glad I'm not involved with this decision. I'tll be a tough one.

Doug

:zwall:
 

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DougMenke said:


Not likley to happen.

Sometimes you need to negotiate these kinds of things.

One problem I see: If the owner lets Dan sign a different agremment, then the rest of the employees will want to re-negotiate.

If everyone is not under the same agreement, then someone could cry foul. I think they ought to re-thing the whole thing and allow everyone to sign onto a new agreement.

My opinion, however, YMMV. I'm just glad I'm not involved with this decision. I'tll be a tough one.

Doug

:zwall:
If i was Dan, I'd start my own parts store, just look at how many customers got his back.....you know, maybe one that specializes in Ford Performance...
 
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