No Compete Clause at your work place

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Mr Nice

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Does your employer have a 'No Compete Clause' for their employees ?
If so, how would your former employer find out if you quit.... and went to work for competitor in another state 800 miles away ?

We don't have one at my job. If you find a better job offer / benefits package you are free to go, just don't come back begging for your old job if the grass is not greener on the other side. I do understand some very high tech manufacturing / technology / pharmaceutical / aerospace / defense companies have them for obvious reasons.


http://www.pbs.org/newshour/making-sense/know-non-compete-agreements/
 
That is mostly for higher level people, if you take another job just don't update your linked in profile and you should be fine. Discuss it with the hiring company too. They may have a way to work around it. Perhaps you become a 1099 until the time runs out. I know one guy who took over as CEO of a company with a N/C from a big company and the new company changed their name to eliminate a conflict with his non compete.
 
Most are not legally enforceable. Most courts will only hold them up if they are not to strict and/or you were paid very well above average so being unemployed will not affect you for a year or so.

Still best to not sign one but usually they are a waste of time and should give you incite of the company you are about to work for.
 
Right. Scum bag companies try to get you to sign stuff that ain't legal. They want you to think they own you.

And when you sign a termination agreement, they want you to think you can't sue them but you still can. They can't do certain crooked things and be simply released by your signature in return for a payout.
 
Worked for a company with a non-compete they made us sign to continue to be employed.
Quit them, went to work with a competitor in the same industry, and in the same town.
During my exit interview, I was reminded several times of my non-compete, and "privledged" or "confidential" information I may or may not be taking, blah, blah, blah, and had to sign again saying I had no intent to violate my NC.
Went to work for my new employer, thay had no problem with working with me for 1 year staying out of locations where it could compromise my non-compete.
My lawyer said I was a very little fish in a great big pond, and go live my life.
To the OP, you are going to be 800 miles away? I was a bass in a pool of pirahna. You are a goldfish, alone in a bowl. Go live your life and be successful.
 
Originally Posted By: turtlevette
Right. Scum bag companies try to get you to sign stuff that ain't legal. They want you to think they own you.

And when you sign a termination agreement, they want you to think you can't sue them but you still can. They can't do certain crooked things and be simply released by your signature in return for a payout.




Actually they are legal and binding....mostly for people who have access to intellectual property. Many many lawsuits have been fought and won by companies whose engineers were recruited by competitors and then copied patented designs. And yes, termination agreements with a "payout" are very enforceable......except for those people who feel their signature is worthless.
lol.gif
 
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Originally Posted By: Doog
Originally Posted By: turtlevette
Right. Scum bag companies try to get you to sign stuff that ain't legal. They want you to think they own you.

And when you sign a termination agreement, they want you to think you can't sue them but you still can. They can't do certain crooked things and be simply released by your signature in return for a payout.




Actually they are legal and binding....mostly for people who have access to intellectual property. Many many lawsuits have been fought and won by companies whose engineers were recruited by competitors and then copied patented designs. And yes, termination agreements with a "payout" are very enforceable......except for those people who feel their signature is worthless.
lol.gif



If a company does an illegal thing these agreements are worthless. They try and intimidate people.

Like releases you sign. They don't protect from gross negligence.
 
Originally Posted By: Doog
Originally Posted By: turtlevette
Right. Scum bag companies try to get you to sign stuff that ain't legal. They want you to think they own you.

And when you sign a termination agreement, they want you to think you can't sue them but you still can. They can't do certain crooked things and be simply released by your signature in return for a payout.




Actually they are legal and binding....mostly for people who have access to intellectual property. Many many lawsuits have been fought and won by companies whose engineers were recruited by competitors and then copied patented designs. And yes, termination agreements with a "payout" are very enforceable......except for those people who feel their signature is worthless.
lol.gif



This is different. Copying a patented design is grounds for a lawsuit, with or without any non-compete clause. The vast majority of companies don't even try to enforce these clauses, as their enforceability is iffy at best and they would need to prove damages, which would prove difficult as long as you act ethically. I've signed numerous ones, and made several job changes in the same industry and work in a capacity where I always had access to intellectual property. Never had a problem and never used my knowledge of former employer's intellectual property to benefit my new employer. And never was asked to. IMO, as long as you act ethically they are a non-issue.
 
I had to sign a no compete clause. Makes sense to me in certain situations. I work in the chemical industry. There are many 'tricks to the trade' that companies have figured out and put in place to either improve quality or reduce manufacturing cost vs the competition. That is one of the core requirements of free enterprise. It would be wrong of me to work for company 'A' just long enough to figure out their methods to gain a competitive advantage, then be hired by company 'B' at a higher salary just so that I could divulge the improvements that company 'A' spent a huge sum of money to research/develop/implement. Retention of intellectual property is important.
I am a long term employee, but I have friends who moved on to other (reputable) companies. They tell me that they are told up front when hired that they will never be asked to, nor ever expected to divulge competitive secrets from their previous employer. They are told that they are expected to excuse themselves from any work that would put their integrity at risk in this regard.
 
These days I only take jobs I'd do even if I wasn't being compensated. Having said that, why not get paid for doing what I enjoy.
Anyway, a few years ago I worked for an entity that wanted me to sign a NCA. I told them this is a very small 'industry', and most people know one another. I just told them that if you want my abilities, and we can come to an agreement, I'd be happy to be a part of the team. But I won't be signing a NCA. They eventually agreed. Ironically, they are now out of the business.
 
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To the OP, you are going to be 800 miles away? I was a bass in a pool of pirahna. You are a goldfish, alone in a bowl. Go live your life and be successful.


No. I have a good paying job that I would never leave.

Just wondering if some BITOG had to sign a No Compete Agreement.... or not get hired.
 
When I owned the software company, the programmers all signed non-compete agreements. They specifically couldn't go to work for a direct competitor for 6 months after voluntarily leaving. When I sold the company I signed a 1 year non-compete agreement, even though I did a lot of consulting for them for a few years afterwards.

If done correctly, then non-compete agreements are very legal and enforceable.

Originally Posted By: turtlevette
Right. Scum bag companies try to get you to sign stuff that ain't legal. They want you to think they own you.

And when you sign a termination agreement, they want you to think you can't sue them but you still can. They can't do certain crooked things and be simply released by your signature in return for a payout.




You really don't have any inkling of how a business really works or any idea what intellectual property is, do you?
 
Originally Posted By: Geauxtiger
I had to sign a no compete clause. Makes sense to me in certain situations. I work in the chemical industry. There are many 'tricks to the trade' that companies have figured out and put in place to either improve quality or reduce manufacturing cost vs the competition. That is one of the core requirements of free enterprise. It would be wrong of me to work for company 'A' just long enough to figure out their methods to gain a competitive advantage, then be hired by company 'B' at a higher salary just so that I could divulge the improvements that company 'A' spent a huge sum of money to research/develop/implement. Retention of intellectual property is important.
I am a long term employee, but I have friends who moved on to other (reputable) companies. They tell me that they are told up front when hired that they will never be asked to, nor ever expected to divulge competitive secrets from their previous employer. They are told that they are expected to excuse themselves from any work that would put their integrity at risk in this regard.




Sucks for company A. They should have paid you more. THAT is true free-market enterprise. Copyright and proprietary intelligence is just how mega-corporations manipulate you by limiting your choice, thus creating no incentive to create. Without greater choices, they can limit the pay of average employees.


You hear all these companies crying about "free markets", but when it isn't convenient to them... "No no no we need to restrict you."


Hypocrits.
smirk.gif
 
Originally Posted By: Pop_Rivit
When I owned the software company,

You really don't have any inkling of how a business really works or any idea what intellectual property is, do you?


I've been on here several years and have seen many of your posts. I cant imagine that you do or understand anything technical. Complaining about the government is all I see from you.

What's your best area of expertise? I'd shame you in front of everyone
 
In general, it is illegal to inhibit a person's ability to make a living so most courts will not enforce them. The reality is that if the old co wants to go to court about it, it takes a long time and costs you money when the court will throw it out in the end. In my old industry, companies with no compete contracts will object and threaten the hiring company and some just don't want to stir things up.
 
Originally Posted By: turtlevette
Originally Posted By: Pop_Rivit
When I owned the software company,

You really don't have any inkling of how a business really works or any idea what intellectual property is, do you?


I've been on here several years and have seen many of your posts. I cant imagine that you do or understand anything technical. Complaining about the government is all I see from you.

What's your best area of expertise? I'd shame you in front of everyone


Dude, what is your problem?
 
Originally Posted By: turtlevette
Originally Posted By: Pop_Rivit
When I owned the software company,

You really don't have any inkling of how a business really works or any idea what intellectual property is, do you?


I've been on here several years and have seen many of your posts. I cant imagine that you do or understand anything technical. Complaining about the government is all I see from you.

What's your best area of expertise?




Haven't you read his posts? Everything.
 
Originally Posted By: Jimzz
Most are not legally enforceable. Most courts will only hold them up if they are not to strict and/or you were paid very well above average so being unemployed will not affect you for a year or so.

Still best to not sign one but usually they are a waste of time and should give you incite of the company you are about to work for.


I once had to sign one for a lower level office position. I never took it seriously and suspected that it would have to be a two-way street involving severance or some other contractual buyout to be enforceable. I would have jumped to a competitor in a heartbeat...
 
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