Tom Panos: 

If you are a contractor, you’re not going to have a problem letting a business and where they say you can’t trade here for six months within five kilometers If you’re a contractor.

Lisa Jemmeson: 

Totally. But there’s always a but. There are certain restraints that are agreed at the very beginning. I’ll give you a good example. You can’t rape and pillage the staff. So in our contractor agreement you can’t take on existing staff unless it’s agreed when people leak, because we find contractors leave and they team up with the property manager and then leave. So there is that restraint. But people have to agree to this at the time that they contract. Then the other thing is that they can only take mutual clients and ordinarily the contractor will take the existing listings because they have the relationship with the client and the agency just cops it 10% or whatever percentage they get at the end once it all goes through. But that’s no restraint. They could set up next door and they’re able to do that.

Tom Panos: 

An employee that signed a letter of appointment, a letter of agreement, that said six months and five kilometers can’t work. Does it stand?

Lisa Jemmeson: 

Yeah, it does. If you’re an employer listening today you absolutely have to be a member of Reef. I have no financial benefit other than they sent me a bottle of gin the other day. I’ll disclose that. but you’ve got to be a member of Reef. They will assist you with all your HR issues and they’ve got a really robust document. Does that employment restraint stand? Yes, it does. It’s someone who litigates on real estate employment contracts in Supreme Courts all around Australia. Yes, they will stand. What doesn’t stand is the non-compete. but they’re a very tight non-solicitation. You can’t target the pipeline Non-acceptance. You don’t target the pipeline. The pipeline comes, tracks you down where you are now. Please list my property. You can’t accept that business Non-condone. You can’t go to another agency and say I know this is coming up in the pipeline. I can’t list it. I’m under a restraint. You list it. That’s a non-condone restraint. The only wiggle room is in the non-compete, because judges in the Supreme Court don’t like saying to people you can’t work. That’s a shot.

Tom Panos: 

Right. I always have salespeople that come to me. You know I’m leaving here, i’m going to another area, i’ve got a better deal. I’ll say to them have you got a layer of appointment? They say, yeah, yeah, mate, it’s got a clause in there three months Can’t work there. Five Ks. But it goes, oh, that’s all. No one can stop you from working, but they can, don’t they.

Lisa Jemmeson: 

Absolutely, absolutely they can. Yeah, you know, not a week goes by that I don’t have this very conversation. You know what I say to employees that are leaving. First of all, don’t download the CRM. There are audit logs. So they will find it As clever as you think you are with deleting stuff, there are backend audit logs that you can’t delete, that you go to Agent Fox or my desktop, that will be produced. Go and sit down with your employer and say I don’t want to end up in a legal dispute. Can we work something out Right and be fair. Don’t go and say can I give you 10% if you target the pipeline? No, this is in circumstances that people track you down at your new employer. Be fair and go and offer something to resolve it before you get lawyers involved, because it gets really expensive when I get involved and any lawyer gets involved, yeah, yeah, i’ve got, i’ve got.

Tom Panos: 

I’ve got a situation actually you might even be, you might even be involved in it Where what’s happened is a person’s been leaving and then, through a virtual PA, overseas, over a one-week period, that person has been downloading data off the CRM and, because of the time zone in in the Philippines, i think, where that’s where it is. It’s just a bit weird. Why are they doing all these downloads? but everything’s trackable, isn’t it? even when you actually try and hide it, it’s not. You can’t be hit it.

Lisa Jemmeson: 

Even so, we can get orders. If we act with the employer, we can get orders from the Supreme Court. You surrender all your devices and your iCloud backups, right, and then we just send a computer guy and they pull it all through you. I mean say, for a hard restore on your phone. We will act through and, as I say, with those audit logs. I mean I don’t even know why people bother to delete from the deleted. That’s the first place I say to my clients go and look, go, restore the deleted, deleted because that’s it.

Tom Panos: 

Yeah, that’s it. Yeah, that’s what you would do. Wouldn’t know that’s what you would do. Rebecca’s laughing. It’s the obvious, it’s the obvious.

Lisa Jemmeson: 

Don’t worry about the other stuff, go and restore that goal. But other than that, all of them vault my desktop agent vault. They have back-end audit logs that you don’t access in your office, even with an admin password. You have to go to the CRM provider to get these audit logs. It’s the time, it’s the VPN, so if you’re doing it from home or wherever they’re doing it, we get it all.

Tom Panos: 5:30

Yeah, I like that.