• Report: #399928

Complaint Review: Rescuecom

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  • Submitted: Wed, December 10, 2008
  • Updated: Wed, August 08, 2012

  • Reported By:Los Angeles California
Rescuecom
2560 Burnet Ave Syracuse, New York United States of America

Rescuecom Scam Syracuse New York

*UPDATE EX-employee responds: Complaints

*Consumer Comment: It's poorly written.

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Technicians beware of this company!!

I recently looked at Rescuecom and like always did some research. There are many people who have had bad experiences, both techs and customers. You can find these posts without much trouble. On the surface what Rescucom has to offer sound very good and this business model operated with the highest integrity would be great. It's my opinion that this company has a less than questionable intentions.

The first big red flag for me was the "AGREEMENT" that you must sign. I am not an attorney and cannot make any legal claims, however I can also read and understand things fairly well. The paragraph below is section 2-C of the Rescucome Technician Agreement. If you sign this you will be potentially signing away you ability to work for almost anyone and worst of all you may violate this agreement without anyway to know it.

READ THIS: Section 2-C. Protection of RESCUECOM's Customers: RESCUECOM's relationship with its customers and the goodwill those customers have toward RESCUECOM is our most prized asset. During the term of this Agreement, and for a period of two years after termination of this Agreement for any reason, you agree not to directly or indirectly accept employment with or perform any work for any of RESCUECOM's customers, or any subsidiary or affiliate of such customer. Employment or work includes (i) any form of consulting or professional services for salary, fee or barter arrangements, (ii) Sale of equipment or software, or (iii) provision of any form of internet or software services. END:

The way I read this is if you sign this, even if you never start working for/with Rescuecom, you cannot work for anyone that is a Rescuecom customer. How do we know who is a Rescuecom customer. You can't even work with anyone affiliated with a customer of Rescuecom. Who is a Rescuecom customer? If someone calls into Rescuecom are they now a customer? If Bank of America uses Rescuecom once you are precluded to work for BofA in any position for two years.

This part of the AGREEMENT potentially encompasses far to many companies. You could find yourself precluded from working almost anywhere and worst of all how would you know who are Rescuecom's customers. I know from past experience that this would be very difficult to hold up in court. What is a concern for me is that Rescuecom is a small company and they have an attorney on-staff. To me that is a red flag that they are very litigious and know that many will not be able to fight them.

I actually have no problem with a company protecting their interests. That's just good business. What is wrong with this agreement is that it is very one-sided and they would have an ability to prevent you from working in your field of expertise. The way this clause currently reads, if Rescuecom does one service call for a company, then you would be precluded from being employed in any position the company may offer from the janitor to the CEO.

Here is a scenario. If a employee of a Walmart store calls Rescuecom at 2:00am for a service call, the if your situation changed and you wanted to work as a store manager or cashier or TV salesperson, you are not allowed. This would apply globally because there is not geographical limitation within the AGREEMENT. How does this make any sense? Now think about the potential customers Rescucom could have some type of contact with and you may have to leave the country to find a job. Since you are precluded to work for affiliates or subsidiaries you may just have to take a 2 year vacation before you can work.

After reading all the posts from others, I have no desire to consider Rescuecom for anything.

Danny Los Angeles, California
U.S.A.

This report was posted on Ripoff Report on 12/10/2008 01:09 PM and is a permanent record located here: http://www.ripoffreport.com/r/Rescuecom/Syracuse-New-York-13206/Rescuecom-Scam-Syracuse-New-York-399928. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 2Consumer 0Employee/Owner
Updates & Rebuttals

#1 UPDATE EX-employee responds

Complaints

AUTHOR: Digital Janitor - (USA)

I worked for Recuecom franchise owner for just over a year (2008). This is a franchise company i.e. independently owned and operated. I never had the problems listed in the prior posts noted here. I think its a little unfair to peg the whole of rescuecom as a "scam". As far as the "Agreement" is concerned, that's industry standard. Any franchise owner that tried to sue you for violating the anti-competition agreement would not likely get a judgment against you, unless you are as big as Microsoft, this won't happen. Any problems about payments and important things like that is the responsibility of the Franchise owner. If the owner fails to comply with simple things like that he/she could have their operations license pulled.

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#2 Consumer Comment

It's poorly written.

AUTHOR: Robert - (U.S.A.)

It appear to me to be a very poorly written "non-compete" clause.

I wouldn't sign it either.

It may, under certain conditions, be un-enforceable. NY and most states do not allow unconscionable clauses of a contract to be enforced by a court.

Doing computer repair on a network at Walmart is not the same thing as being a TV sales rep at Walmart. In this scenario, I don't think the clause is enforceable (IMO.)

When in doubt, DON'T SIGN until you have advice from a competent attorney.
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