Non-compete
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- orkman
Um, I have worked here for 2 years now and all of a sudden my employer sent out a non-compete with a 1 year clause for us all to sign. The clause is we cannot work in the line of business for a year after quitting/getting fired/laid off.
Is this standard? Do all y'all sign non-competes coming on board to a new job...and with a 1 year clause?
NDAs are a different story.
It seems if they do this there needs to be some sort of compensation made for loss of work in that 1 year period.
- ********0
That doesn't make any sense the way you typed it.
What business are you in?!
I'd tell them to stick it up their fucking collective asses and be happy I don't quit on the spot for asking something so asinine of me.
- blastofv0
look closely at the wording – that sounds off. you might be signing away your right to work for competitor clients in your next job - like if you work for Ford now, you couldn't work on Honda for a year...?
obviously they can't keep you from working as a designer for a year
- Nairn0
Pfft - time to start sneaking nasty things into your code, methinks.
- spendogg0
That is BS - unless they are doing some groundbreaking stuff and you have a piece of the biz, they have no right
- mpfree0
don't fucking sign it!
take it to your attorney and ask him what he thinks of it.
even if you do, fuck him, you can work somewhere else, just don't tell a soul.
- OSFA0
yeah, I doubt they will follow you around...but if you think they would do it, start looking somewhere else.
- shellie0
They try to do this shit in California all the time. It's california law that if you want to leave and set up shop right across the street you can. I dontknow about where you live so i cant say for sure, but all non competes in claifornia are void... so i go ahead and sign them.
No employer can keep you from making a living. period.
- jerk0
it should be you can't work for any of your current clients for a year after your exit. not any client at all. that's just plain wrong.
- mcLeod0
all the agencies around here poach from everyone else so I can understand why companies would do it. I personally would go over the agreement with a fine-tooth comb to make sure you can stil work in your field if you were to leave. Look for language about "direct competitors" and find out who qualifies.
A quick google search will give you some good links.
- k0na_an0k0
they can't make you not work in the line of business for one year.
that seems pretty crazy to me.
- joyride0
non-competes never hold up in court.* If you've been working at that comp. for a while, just don't sign it. But ask what they will do if you don't sign it. Could just be a way to eliminate some peeps.
*of course ask a real lawyer
- blaw0
i worked under contract with those same conditions for over five years.
i didn't sweat it because i'd like to see a court order me to move 100 miles or switch occupations. no way that would've held up.
and when i had the opportunity to move to another company, a part of the decision making process was, "well, now i can freelance web work if i choose."
note to executive types: all in all a very unproductive document that turned out to be.
- traut0
I signed a non-compete that after I quite / get laid off or fired I will not go after the clients of my employer
- ********0
take it to your attorney and ask him what he thinks of it.
mpfree
(Nov 27 06, 09:36)Two things that made me laugh.
1.) That you feel it's commonplace for everyone to have an attorney.
2.) That attorneys = male.
3.) Oh wait I said two, haha.
- radar0
It is probaly for the immediate area you work in - and generally they are there to keep you from stealing clients.
- k0na_an0k0
I signed a non-compete that after I quite / get laid off or fired I will not go after the clients of my employer
traut
(Nov 27 06, 09:44)back in 1999 a room-mate and i worked together at the same design studio. i was one of the designers he was a developer. we had to sign these.
he quit and a few months later stole a client from the place we worked at.
i got fired for it.
they assumed since we roomed together i must have been in on it.
sucked.
- ********0
Stealing clients is the whole point!
And there are ways around that of course.
- shellie0
k0na that sounds illegal.
- mpfree0
take it to your attorney and ask him what he thinks of it.
mpfree
(Nov 27 06, 09:36)Two things that made me laugh.
1.) That you feel it's commonplace for everyone to have an attorney.
2.) That attorneys = male.
3.) Oh wait I said two, haha.
flavorful
(Nov 27 06, 09:44)ha ha yes and yes. uhmm mostly, right?
- OSFA0
I think bitchy female attorneys are better in some cases.