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I notice a lot of employers these days are making their workers sign these, at least in IT related fields. It seems like these used to be unheard of, unless you were a highly paid executive, researcher with access to trade secrets, or celebrity spokesperson. But now I see a lot of low to mid paying entry level jobs asking workers to sign these. Most people only agree to them because they're desperate for employment, or don't think it will actually effect them.
Why?
Seems pretty normal that a company doesn't want to put all the money into training someone just to have them walk out (and potentially even take IP with them).
Having said that, non-competes are not enforceable in many jurisdictions. There's ample precedent for non-competes being thrown out by the courts.
I've been signing them since the 1980's so I don't think they're new. I just view them as warnings not to take clients. I've never gotten in trouble for going to the competition and if I didn't, I wouldn't be able to work.
Most non competes are worth about as much as the paper they are written on, in Colorado someone has to receive additional compensation to make it valid, and since I have yet to see any companies offer additional compensation for signing the non-compete I have never hesitated to sign one.
That being said I have my own morals and so have never went after 1 of my former employers clients without their knowledge and permission, but it had nothing to do with signing a non compete.
I had to sign one as a factory schlub in the 1970's. Had to resign one, and it included more excluded items, when I went into management for the same company. Switched to a short line railroad and had to sign one there.
As a teacher, any new procedure or lesson I develop that can be marketed has to first be offered to my school system for first refusal.
They tried to claim ownership of student artwork and term papers a few years ago. That went away after some bad publicity.
I had to sign a non-compete while working at a nationwide tea store. The fine print says that after I leave the company, I couldn't work for another tea company for 2 years.
I don't know, I hate the idea that someone is going to harass me with frivolous lawsuits just for pursuing another job in the field I have years of experience and knowledge in. I've seen job applications ask if you under a non-compete at your current employer because they don't want to deal with it. I get not stealing clients, but there's non-solicitation agreements for that, and non-disclosure agreements to protect trade secrets.
I don't see why "training" gives an employer the right to prevent employees from pursuing other opportunities, especially where college degrees and self-training on your own time is expected. Of course, the company doesn't want it, but too bad, this is the United States of America and we outlawed owning other people, even if you did "invest" in them.
I had to sign a non-compete while working at a nationwide tea store. The fine print says that after I leave the company, I couldn't work for another tea company for 2 years.
That's hilarious you could stand in the store and learn how it works. I think they are necessary for certain situations such as working for a software company that creates accounting software. Obviously you could land another job making different software, so it wouldn't inhibit you from making money. To say that a welder cannot weld again would not stand up in court, so its a case by case basis.
I did sign one when I was hired at my current employer. I have no recollection, however, of the terms. I don't plan to leave but I do wonder if it could hinder me down the road and if they would actually enforce it.
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