Service Sleuths - non-competitiveness clause?

February 18, 2010 09:46PM

I was in the process of signing up for this company yesterday, when I noticed that they mention that they require their shoppers to agree too, among other things, "non-competitiveness." Does anyone have any info on what this means, exactly? I saw it on two different pages, and was discouraged by it, as I work as an independent contractor. I always thought that IC status would prevent me from having to worry about non-compete clauses (thought those only applied to companies by which you were actually W-2 employed).

I tried to dig a little deeper, but their full terms are apparently only available once you've begun giving them your info. Bottom line is, I don't want to sign up with them if I'm going to have to cancel my contractor status with any/all other mystery shopping companies.

Edited so I could check the email notification box.

Edited 1 time(s). Last edit at 02/18/2010 09:47PM by CouponFansDotCom.

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February 18, 2010 11:01PM

While different companies state it differently, most companies do not want you to be an employee of their competitors and doing ICA work for them. Thus if you, for example, become a scheduler or editor for another MSP you need to be very aware of whether it is as an IC or an Employee. Many MSPs are not happy for you to even be an IC scheduler or editor for another MSP. But definitely you are agreeing with most ICAs that you will not be an owner or employee of another MSP for two years after you terminate your relationship with them, so if you have aspirations of having your own mystery shopping company, terminate your other relationships at least two years before you hang out your shingle.

February 18, 2010 11:12PM

Thanks, Flash! That sounds like what I was expecting, I just wanted to double-check and make sure others have been able to work for them as an IC (at the same time as working for other MSPs). It is a bit irritating that they can't be more forthcoming with their full terms before you give them your SSN and whatnot, but it seems every company has their foibles, no?

ETA that silly checkbox again...will I never learn?

Edited 1 time(s). Last edit at 02/18/2010 11:13PM by CouponFansDotCom.

February 18, 2010 11:44PM

Most MSPs need very much for you to work with other companies as well as a mystery shopper to help support their contention to IRS that you are legitimately an Independent Contractor rather than an employee.

February 19, 2010 02:36AM

Flash is absolutely on the money with that! One of the reasons that MScs ask what other MSCs you have worked for as an IC is because it shows that you ARE an IC.

Based in MD, near DC
Shopping from the Carolinas to New York
Have video cam; will travel

Poor customer service? Don't get mad; get video.

February 22, 2010 07:42PM

Now I am really confused by this.
One of the MS's that I work for clearly stated in their paper work, that if you do any kind of work for company A, then you can not accept work for company B.
Example:
And electric store for a mystery shop, you can not do merchandizing for the that store, except at a different location.

While that may work for some in bigger cities, here in my little berg, we have one large electronic store. Oh we have a other places that sell electronics (Wally World, ect.).
I was under the impression that as a IC I could work for whom ever I choose to. Am I right or wrong?

This really puts a bite in my income, or I have to travel. Nice weather is no problem, but right now with the snow, the city being put on accedient report status. Good thing it is suppose to warm up in the next couple of days as I have shops to get done.

February 22, 2010 07:48PM

That is because you would be known to the management, and hence not have the average customer experience. Do not confuse the merchandising and/or revealed audits with unrevealed work, regardless of the MSC involved.

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