Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
So - I recently went in for a job interview and got a job working for this company.
I have not signed any papers, but I am starting in a week or so and received some papers through my e-mail talking about a "non-competition" agreement. I have other job offers and turned them down and didn't hit me to weigh the options until I saw this. Have anyone experienced this situation because it is stating I can't receive any type of employment in this field for 2 years in the future. My gut says I should not take it (for future reasons and lack of knowledge on this agreement), but I've technically accepted the position without signing anything. I have a good idea what it is, but if I decide to go into this profession, getting laid off, better offers etc will not allow me to get a job in this field because of this agreement.
Has anyone done a job with this agreement or been in this situation and not take the job (due to more knowledge of what this can do for your career) ?
It is very common for non compete. I have had several friends that have signed it, and still able to get a job in the same field. I did for my last job, and was a bit nervous. Reading it carefully it only said I couldn't take any of the clients with me.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,551 posts, read 81,085,957 times
Reputation: 57739
The enforcement of an agreement like that is civil suit. They are not likely to waste time and money in court unless you leave and cause them some harm by stealing customers, or starting using their methods a a competitor.
Any contract you sign in life should not be taken lightly. I have signed multiple non-competes in my career. Some companies will enforce them. How enforcable the agreements are depends on a number of factors. I have signed agreements like the one you describe. It sounds on the surface that the agreement is too wide of a scope and would likely not be enforcable. The rub is that they could attempt to enforce it and it would cost you legal fees to defend yourself. I've worked for companies that did this. They figure the average employee won't want to incur the legal fees (say 15k) to fight it. Usually they are narrower in scope. Such as you cannot work for a direct competitor. Casting a larger net (cannot work in the field) is an unethical practice. The other thing they can do is not only sue you but also attempt to sue the company you are going to. Sometimes that company will back down ad rescind the offer. I'm not trying to scare you or tell you not to sign the agreement. I think it depends on what you feel this company is like and the nature of your profession.
Any contract you sign in life should not be taken lightly. I have signed multiple non-competes in my career. Some companies will enforce them. How enforcable the agreements are depends on a number of factors. I have signed agreements like the one you describe. It sounds on the surface that the agreement is too wide of a scope and would likely not be enforcable. The rub is that they could attempt to enforce it and it would cost you legal fees to defend yourself. I've worked for companies that did this. They figure the average employee won't want to incur the legal fees (say 15k) to fight it. Usually they are narrower in scope. Such as you cannot work for a direct competitor. Casting a larger net (cannot work in the field) is an unethical practice. The other thing they can do is not only sue you but also attempt to sue the company you are going to. Sometimes that company will back down ad rescind the offer. I'm not trying to scare you or tell you not to sign the agreement. I think it depends on what you feel this company is like and the nature of your profession.
So end of the day - was it worth it for you to work under this agreement? did you transfer to similar jobs after signing one in the same field?
My main thing is - I am building my experience here, and you never know something better might come along. Obviously in the future if I decide to move I would use this place as my reference and that is what I am worried about if I decide to go in the same field and they get on me for it.
So end of the day - was it worth it for you to work under this agreement? did you transfer to similar jobs after signing one in the same field?
My main thing is - I am building my experience here, and you never know something better might come along. Obviously in the future if I decide to move I would use this place as my reference and that is what I am worried about if I decide to go in the same field and they get on me for it.
I'm not sure what you mean by field. I'm a software developer so I considering creating a piece of software my field, regardless of what that software does. So, yes I have always found work. I have been precluded from working for competitors for the company I was under agreement with. At my current company we twice looked into hiring someone layed off from our biggest competitor. Both times it ended due to their non-compete agreements.
It is almost impossible to comment on your situation without knowing exactly what the agreement says. If you are really unsure you can spend a few bucks and have an attorney review the agreement and let them tell you what they think.
I'm not sure what you mean by field. I'm a software developer so I considering creating a piece of software my field, regardless of what that software does. So, yes I have always found work. I have been precluded from working for competitors for the company I was under agreement with. At my current company we twice looked into hiring someone layed off from our biggest competitor. Both times it ended due to their non-compete agreements.
I don't know the details of your situation but typically the non-compete no longer applies if the person is fired or laid off, only if they resign.
I don't know the details of your situation but typically the non-compete no longer applies if the person is fired or laid off, only if they resign.
Enforceability varies greatly.
Not exactly true. This company only gives severance if you sign the non-compete on exit.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
