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Chef Contract Advice

post #1 of 16
Thread Starter 
I'm a chef preparing to join the team of a restaurant that is projected to open in October. I would like to have some protection from crazy ownership, as I've been burned by small biz owners in the past. What can I realistically propose for the contract?
post #2 of 16

I'm guessing Brandon O"Dell will have a great answer for you but I would think that the contract would simply repeat whatever you and the others agree on. You get so much a week or month for a specific period of time. Is there any discussion of a percentage of the net or gross? What, aside from sweat equity, are you providing? What expectations do they have of you? A clear, candid conversation would clarify a lot of this. Then you put it all in writing and have the lawyers review it.  

Protection from crazy ownership is important. So is protection from crazy chefs. What works best for all parties? 

post #3 of 16

sharkwindow,

 A lot of contracts in small business are usually constructed like a quasi partnership (relationship). Over the years I've learned the most

important content of a partnership is how to dissolve it amicably.

Good luck in your new venture.

FOR YEARS I LIVED TO WORK! NOW I WORK TO LIVE!
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FOR YEARS I LIVED TO WORK! NOW I WORK TO LIVE!
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post #4 of 16
Thread Starter 
Thanks!
post #5 of 16

@sharkwindow my first question is have you even discussed a contract with the potential "crazy owners"?, others on the team have one? If not you may be causing a problem for yourself. IME, an open for anyone is stressful. At the start is an investment with no guaranteed ROI, the owners stress level is very commensurate with their business experience and not necessarily just in the restaurant sector

 As far as structure suggest you research "employment contracts", they're pretty standard and cross sector lines and can be suited to meet everyone's needs.

 

Good luck.

 

EDG

"Ars Est Celare Artem"

 

True art, is to conceal art......

 

https://www.instagram.com/smokehouse_84/

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"Ars Est Celare Artem"

 

True art, is to conceal art......

 

https://www.instagram.com/smokehouse_84/

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post #6 of 16

First  Most contracts favor management.

 

Most state that   YOU have to give a set time  notice before leaving.

 

Managements part does not. You can be dumped for a variety of reasons

 

Don't think it protects you ironclad because they do not

 

You have to have an attorney read it, you are not a lawyer and it will cost you.

 

If  u think they are crazy, Why would you  even want to work for them?

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 #7 of 16

Wow, take a little gin with those bitters @chefedb lol! You paint with a very broad and stiff brush sir!

 

A contract by definition is a formal and, or legal binding agreement, agreement being the operative word here.

 

Unless you're going to work as a rocket surgeon for L3 or Space X pretty sure you won't need to much legal advice for such a simple agreement. I'll be glad to help you wade through this annoyance if you wish. Not offering legal advice, just guidance from 30+ successful years in business.


Food for thought.

EDG

"Ars Est Celare Artem"

 

True art, is to conceal art......

 

https://www.instagram.com/smokehouse_84/

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"Ars Est Celare Artem"

 

True art, is to conceal art......

 

https://www.instagram.com/smokehouse_84/

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post #8 of 16


I have owned 3 restaurants and 1 banquet  facility. I have been on both sides of the range as employer and employee, sorry but that is what I have found. Rest business is like no other as far as employment contracts.

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 #9 of 16
Thread Starter 

OK,

 

Thanks for the various points everyone. I have no reason to believe that my current enterprise is with crazies. A year ago, I was in a similar situation: I moved across country to open a restaurant and after breathing life into it, nurturing the concept into being the owners fired the enitire staff a week before our opening. They opened four months later, with one of the owners as the chef. That hurt! And I would like to do anything I can to protect myself from anything of the sort happening again. Ideas???

post #10 of 16

Not having a contract protected you from being still trapped in that environment. Maybe not such a bad thing!

Wisdom comes with age, but sometimes age comes alone.
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Wisdom comes with age, but sometimes age comes alone.
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post #11 of 16

Still think a basic employment agreement if not copyright everything you send to them, ideas, conversations, menu ideas etc. It's the easiest to defend and enforce. We copyright all our email, email footer example below

 

Copyright © 2014 ABC, CO Ltd. - All Rights Reserved -

 

This message is intended for the addressed recipient(s) only. If you have received this, and are not the intended recipient(s), please contact the sender/author immediately and delete this message and any attachments.

 

This communication and any documents or files attached constitutes an electronic communication subject to the Electronic Communication Privacy Act, 18 USCA 2510. This communication is confidential, subject to copyright protection and may contain information that is non-public, legally privileged and sensitive in nature. Further, to be considered under the law privileged, proprietary, intellectual property and exempt from disclosure under applicable law. Unlawful or unintended interception, use, dissemination, distribution, or copying of this communication, documents, files, attachments and, or excerpts of this communication is strictly prohibited, without the express written permission of the sender/author or the intended recipient(s), as authorized, in writing by the sender/author. Information herein or attached, is subject to the terms and conditions of any duly executed Proprietary Information Agreement (PIA) between the sender/author and the intended recipient(s) and hereby deemed “Proprietary Information”.

 

Electronic transmission cannot be guaranteed to be secure or error free as information could be intercepted, corrupted, lost, destroyed, arrive late, incomplete, or contain viruses. The sender/author therefore does not accept liability for errors or omissions in the content of this message or attachments, which may arise as a result of e-mail transmission.

                                                                                                                                        

If verification is required, please contact the sender/author and request a hard copy.

"Ars Est Celare Artem"

 

True art, is to conceal art......

 

https://www.instagram.com/smokehouse_84/

Reply

"Ars Est Celare Artem"

 

True art, is to conceal art......

 

https://www.instagram.com/smokehouse_84/

Reply
post #12 of 16
Gat paid. Like now if you are doing work already. Consulting work per opening should be paid for. Get a retainer?

That email tag is bit much everyday I think. Contracts aren't worth the paper they are written on. Laws will trump the contract anyway so unless it is a really high profile job and you each have lawyers..... Just get paid already.
post #13 of 16
Unlawful or unintended interception, use, dissemination, distribution, or copying of this communication, documents, files, attachments and, or excerpts of this communication is strictly prohibited, without the express written permission of the sender/author or the intended recipient(s), as authorized, in writing by the sender/author. I

That doesn't make too much sense in my opinion. Gobbledygook usually just puts me off.
post #14 of 16

@chefboyOG, I can teach it to you but I can't understand it for you!, lol. The "Gobbledygook" as you put it, is a legal clause claiming and asserting copyright and ownership by the author.

You may find it obtuse and seemingly unnecessary but copyright is among the easiest laws to prove and enforce. You mention retainer and consultant, NO business is going to retain you as a consultant without a contract.

Have recovered damages without going to court as 99% of email recipients DO NOT look or pay attention to an email footer. Is also in ALL my consulting proposals.
Because you didn't pay attention or see the content does NOT excuse you from nor give you license to use anyone's copy-written material without paying for it.

THE absolute most important thing I learned in business was learning what I didn't know. When I first started out in my first business, was a very competent and accomplished Union Ironworker & couldn't fathom possible failing at business because I was an acknowledged expert at my trade. What I didn't know, contract legalities. I did the job, BUT got screwed out of payment by a clause in the contract that required me to submit certain paper work at a certain time. GAME OVER, NOTHING I COULD DO.

IMO&E it is as important to know both your trade AND the business / legal side of the business. In some cases more so on the business side.

 

Cheers!

 

 

EDG
 

"Ars Est Celare Artem"

 

True art, is to conceal art......

 

https://www.instagram.com/smokehouse_84/

Reply

"Ars Est Celare Artem"

 

True art, is to conceal art......

 

https://www.instagram.com/smokehouse_84/

Reply
post #15 of 16
Thanks EDG!

what I wAs referring to specifically in your disclaimer is that even if it IS authorized in writing it is doesn't make it lawfull

Most important thing is do what you are comfortable with EDG, no offence to the email disclaimer it is probably well written.

I've taken a bit of law in University most of is is garbage trash talk. Contracts barely even matter. Laws trump them. Get paid; money talks.
Hope this helps not trying to argue many many Good points here. thanks.
post #16 of 16
Quote:
Originally Posted by EverydayGourmet View Post

@chefboyOG



THE absolute most important thing I learned in business was learning what I didn't know.

-

Cheers!


EDG

 

Really?

" the most important thing I have learned was how much I don't know" might work better that just confused me lol

Thanks cheers
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