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i would tell them to go pound sand .. you have no obligation to tell them where you are going (unless your TSA says differently); but again, most of those aren't enforceable anyway. They of course, have every right to ask- but you have every right not to answer them.
It depends on the state. In metro Boston, EMC sued and won in a lot of non compete cases. It wasn't just executives and customer facing marketing and sales people with all the contacts and business knowledge. They sued junior engineers with 2 or 3 years experience.
I put a V.C. after my signature if I have to sign a non compete and hope the HR bimbo is too stupid to know what it means. If you sign under duress, it won't hold up in court. The Vi Coactus abbreviation says that. I was at a startup where a VC made all the employees sign one as a condition of closing a finance round. My lawyer told me to sign it that way.
"I have saved up some money and will be traveling for the next year."
"I am retiring early"
"I am starting my own company, Joe's BBQ Ribs."
"I have a terminal illness and want to live the rest of my life in peace and serenity."
There are a million things you could say that would get you out of having to tell them anything. If you'd like any more ideas, there are some really smart/devious people here on CD.com who could help!
Ok... according my non-compete I cannot work for any employer in the same industry for 6 months after last day. No problem as this new employer is not in the same industry.
Generally non-competes with such a broad restriction are unenforceable. I think it's more of a scare tactic, if this ever went to court, they would have a difficult time to get the court to agree to prevent you from working in your field. If you work worked for a contracting company that subcontracted for XYZ company, they could prevent you getting hired by XYZ company directly for 6 months, but to deny you the ability to make a living for 6 months anywhere else is unenforceable.
I think the courts should start awarding triple or double amounts to former employees plus court costs for wasting their time. Just because companies like free market capitalism when it provides cheap labor and the ability to fire employees at will and dislike it when the employees can quit to work for their competitor doesn't give them the right to legally bully them.
The OP should not have told them the company they are going to but that is out of the bag. Do not give them any more information though as I said, once they know the company it is a simple matter to lookup the number for HR.
no - what the contract says does not mean its enforceable. most employment clauses like that are deemed unenforceable as they favor the employer (who wrote the contract and employee had no choice) and hinder employment for the individual . contract 101 is the contract will favor the less educated party.
Some provisions are enforceable if they're not overreaching and would not interfere with the OP earning a living. A notice provision doesn't strike me as something that would fall into either category. Even if the non-compete clause is found to be unenforceable, the notice provision may very well be upheld. The way the agreement appears to be written, one provision doesn't appear to depend on the other.
"I have saved up some money and will be traveling for the next year."
"I am retiring early"
"I am starting my own company, Joe's BBQ Ribs."
"I have a terminal illness and want to live the rest of my life in peace and serenity."
There are a million things you could say that would get you out of having to tell them anything. If you'd like any more ideas, there are some really smart/devious people here on CD.com who could help!
PERFECT ANSWER! You don't need to tell them that you are leaving to work elsewhere!
I am leaving my current company (notice is in and did exit interview).
The head of HR who did the interview with me is asking me to provide her with the email address of the recruiter for the new company who has been working with me... Lol.
She also wants to know a 'brief job description, company name and location'.
I have no problem telling her the name of the company and the city, but am very hesitant to give out anything else.
Does this seem as strange to you all as it does to me?
I work in a sensitive industry where trade secrets are a concern etc... but this seems really strange.
These requests are very strange.
I would give them fake contact information and the number to a "burner" cell phone. IMO, this is the groundwork stage of a smear campaign designed to cost you your new job. I would record all future conversations also.
I am leaving my current company (notice is in and did exit interview).
The head of HR who did the interview with me is asking me to provide her with the email address of the recruiter for the new company who has been working with me... Lol.
She also wants to know a 'brief job description, company name and location'.
I have no problem telling her the name of the company and the city, but am very hesitant to give out anything else.
Does this seem as strange to you all as it does to me?
I work in a sensitive industry where trade secrets are a concern etc... but this seems really strange.
No is a complete sentence. They can ask all they want. You're not required to provide them with any info.
Ok... according my non-compete I cannot work for any employer in the same industry for 6 months after last day. No problem as this new employer is not in the same industry.
Also this directly from agreement I signed:
"Notice to future Employers: During a period of 12 months following the end of my employment with the company, I will notify any new employers of my obligations under this agreement prior to commencing employment with such new employers; and consent to notification by the company to my new employers about my obligations under this agreement."
Sounds like I consented to have them contact my new employer... guess I could be a jerk about it and be intentionally vague. Lol
Most of these non-compete agreements are hogwash and are not enforceable in court. We went through this with my husband when he was leaving a job. The contract was written using Colorado law where the company was headquartered. The entire contract was invalid in NY and that's where he signed it. His lawyer also said not to provide the company he was leaving any info about the new company. Your mileage may vary based on your state law.
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