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Incorrect and you've completely missed the point of the thread. The contracts are designed to limit the employee's choices or who to leave and go work for, not only while they are with the company, but long after they've left it.
What's worse, it's sprung on the employee AFTER they already left their prior job rather than letting them know the expectation of the non-compete before they are hired.
It's a dirty tactic that preys upon the fact they've already left their last job and will be left with no income and a gap on their resume if they feel bullied into not signing. Its like some kind of BDSM contract without a safe word.
It's not incorrect. You have an option. If you don't like it, don't sign it. Period.
It's not incorrect. You have an option. If you don't like it, don't sign it. Period.
For most people, just saying "screw it" and letting the company fire them is more like an illusion of an option than an actual option. Can you tell us a little specifically about your direct relevant experience with this in the industry the OP is speaking about? Because you seem to be making vague guesses with no direct relevant experience.
I finally found a good lawyer and paid her retainer.
She reviewed the noncompete and gave me advice. I'm very glad that I decided to do this and it was worth every penny. She explained things about noncompetes in general that I never even suspected, and likewise also things about my particular situation I wouldn't have known otherwise.
She warned me against taking an action others recommended, which saved me from making what could have been very dangerous and expensive mistake.
So I'm glad I followed my intuition and hired a attorney in this situation.
And I'm also glad that I didn't just call the first hit on Google, but instead took the time to find one who's good at this.
He can't. His lawyer made him sign a gag order before she gave him advice.
But if the Non-Disclosure Agreement was anything like I've read, he'd need to get a 2nd lawyer to explain it to him.
(The legal term for that is "Job Security")
I agree about the non-disclosure. A second lawyer will need to be present to explain the terms of the agreement. Signing a gag order is not the way to go, but if it confirms job security I am not totally against it. I have been practicing law for a long time and have never seen anything like this before.
With a non-compete you have to be very careful. You can get in a world of trouble if you sign one of these forms and do not adhere to it. I have had a number of clients who have battled with old employers over non competes. You can message me with any questions as I am happy to be a part of a local community and will be glad to provide complimentary advice!
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