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Employee Chef Agreements

post #1 of 6
Thread Starter 

This is my first time entering into an actual contract with my employer.  It's 12 pages of some rather intimidating crap.  We've already discussed that I won't sign a non compete as the next step in my personal goals is to start my own enterprise.  Is there anything else I should be wary of?  Do I really have to have a lawyer look this over? (Seriously, who makes enough money to do that?!) 

 

Thanks in advance

 

Xtine

post #2 of 6

If you don't understand it or what it binds you to, you better spend the $200 to have a lawyer look it over. Especially if its a 12-page contract.

 

On the non-compete, many operators may not hire you without a non-compete, but that's no reason to sacrifice the job over it. Their main worry is that you go next door and take their recipes (or the recipes you created for them while they paid you) with you. Whether you are working for someone else or yourself, I think its perfectly reasonable for an owner to want to protect themselves from having to compete against you directly. That means, it's reasonable for them to say you can't work as a restaurant chef in a 5-mile vicinity, or for the same style of restaurant in the same part of town, or that you can't recruit from their restaurant or use their recipes at a restaurant that might be geographically close enough to be a competitor of theirs. I don't think it's okay (and in some states its not even legal) for them to have you sign an agreement saying you won't work as a chef at all.

 

You may also check with a knowledgeable attorney to see if non-competes are even enforceable in your area. Just because something is in an agreement doesn't make it legally binding. It has to jive with the state's own laws too.

Brandon O'Dell

 

Friend That Cooks Home Chef Service

www.friendthatcooks.com

O'Dell Restaurant Consulting

www.bodellconsulting.com

 

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Brandon O'Dell

 

Friend That Cooks Home Chef Service

www.friendthatcooks.com

O'Dell Restaurant Consulting

www.bodellconsulting.com

 

Reply
post #3 of 6
Thread Starter 

Thanks, Brandon!  I will suggest a revision on a couple of areas such as the non compete which is written in very vague terms.  And I made a deal with a lawyer friend, advice in exchange for dinner! (I love what I do <3)
 

post #4 of 6

A word to all you younger guys from an old chef.

      Have an attorney look at it, as they had an attorney draw it up. DONT TRUST ANY RESTAURANT OWNER OR CORPORATE.

Chef EdB
Over 50 years in food service business 35 as Ex Chef. Specializing in Volume upscale Catering both on and off premise .(former Exec. Chef in the largest on premise caterer in US  with 17 Million Dollars per year annual volume). 
      Well versed in all facets of Continental Cuisine...

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Chef EdB
Over 50 years in food service business 35 as Ex Chef. Specializing in Volume upscale Catering both on and off premise .(former Exec. Chef in the largest on premise caterer in US  with 17 Million Dollars per year annual volume). 
      Well versed in all facets of Continental Cuisine...

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post #5 of 6

Never sign a contract you don't understand. That's universal in life.

Make sure you are getting advice from a lawyer specializes in contract/labor law.

 IME No-compete covenants usually cover a 20 mile radius and have little to do with the type of food. In many cases the Chef's reputation is far more important than the genre.

As an employee the only reason you should be getting into these sort of agreements (IMO) is if you are taking on a large corporate position or working for a celeb with non-disclsures. Beyond that just getting presented with a 12 page contract that you don't agree with is a big clue about the personality you will be dealing with if you take the position.

 

Dave

I think the most wonderful thing in the world is another chef. I'm always excited about learning new things about food.
Paul Prudhomme
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I think the most wonderful thing in the world is another chef. I'm always excited about learning new things about food.
Paul Prudhomme
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post #6 of 6
Quote:
Originally Posted by chefedb View Post

 DONT TRUST ANY RESTAURANT OWNER OR CORPORATE.

Best advice you cant take from this.  I know, I got SHAFTED over a simple 2 page contract several years ago.  Pay a couple of hundred dollars to CYA, it'll be worth it in the long run.

Taste: The sensation derived from food, as interpreted thru the tongue to brain sensory system.
Flavor: The overall impression combining taste, odor, mouthfeel and trigeminal perception.
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Taste: The sensation derived from food, as interpreted thru the tongue to brain sensory system.
Flavor: The overall impression combining taste, odor, mouthfeel and trigeminal perception.
Reply
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