Non-Compete Agreements


Dr. Mac

Player
Has anyone ever left a company after signing one? What was your experience? What are the watchouts?

Regards.
 
Yes.

It can be ugly, but most company's won't fight you if you're leaving the area/town.

The best advice I can give is to cover the "you" aspect. There are a lot of "at will" company contracts...meaning they can fire yo arse regardless of a contract or not. You have to have your "out clauses" written in before you sign. It's a good idea to have a lawyer review it before signing. Ask questions. Get answers. If you're not happy with the agreement. Speak up and say why.
 

Mac, I think there's normally a time line associated w/ the clause (post departure or current employment, ...). I signed one where I wasn't allowed to compete or share knowledge in this particular industry for 2 years post my departure from corp. Most of the time, your own corp will make you sign one where you aren't allowed to associate or benefit directly or indirectly from same offerings offered by the current corp. For instance, I signed something here w/ my current corp where if I think of an idea, put it in a software pkg and it starts to make $$$$$$$ (even on my OWN system @ home using MY electricity in MY own home on MY own time), they legally own it. :emlaugh: They literally said that they own my ideas (which isn't new). I signed that SAME type of agreement when I was w/ the former AT&T Bell Labs (think tank) coming from undergrad.

Be careful. READ EVERY SINGLE LINE for clarification and understanding. If you're not sure of it, contact your cos' legal dept for clarity.

Good luck.

Panthro!
ps
I didn't hear back from you on that OS prob that you had. Did you buy that 2nd drive and use the primary as the OS/bootable only while using the 2nd to hold only appl spec datum?
 
Panthro:

No, I still haven't gotten to it yet. But the setup you described is what I have already. Problem is my Boot/OS drive is only 550 meg (ancient).

When I buy (probably after my daughter finishes Soccer season) I think I will install the new drive alone (disconnect my current OS drive and disconnect my 10 gig) and install the operating system anew. I'm then going to connect the old OS drive and try to copy all of the system files for my application programs that currently reside on it. I'll then disconnect the old OS drive and reconnect my 10 gig drive with the application files. Hopefully, this procedure will work. Otherwise, I'll have to reinstall the application programs in order to get their system files unto the new drive.

I'll let you know how it goes.

My main concern about the non-compete agreement is cases where another company offers promotions and/or substantial increases in pay. One state handles that situation by stating that the current employer must offer additional "consideration" over continued employment if this should occur. "Continued employment" is the akin to moving to a company with the same benefits/pay/responsibilities as those one has at their current place of employment. In this case, the non-compete agreement is enforced. If the current employer does not supply sufficient "additional consideration" to offset the value of the new position's salary/responsibility, then the state referred to considers the non-compete contract unenforceable. The grey area is how much additional money/benefits does the current employer have to offer to satisfy "sufficient additional consideration".

I'm checking to see if this is the law in the state of Ohio.

Take Care.
 
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