Let's Talk No Compete Agreements

[yellowstang]

If he is right handed, tell him to sign it left handed, then if it ever comes up, just say it is not his signature on it, he never saw the document, nor signed one! A quick check of the signature would show it's different, case closed.

[Roscoe]

How can any company tell you that if THEY fire you, you cannot use your skills to provide for yourself? Companies should be fined for even typing that on a paper.

I can understand the NC a little more to keep employees from quitting one job to go to a competitor for more money. I need to get my paperwork back out but if I remember right, I only signed papers about intellectual property.Nothing in there told me I wasn't allowed to work for a competitor. They have told me that if a person leaves for a competitor there is no way they will ever re-hire that person. I have been told they use that as a scare tactic when the shop guys try to leave to make an extra 50 cents an hour somewhere else.

No offense, but this isn't an hourly position, and I left voluntarily... 6 months after first interviewing with my current company... I declined the first offer.

[slow99]

No offense, but this isn't an hourly position, and I left voluntarily... 6 months after first interviewing with my current company... I declined the first offer.

Chooooooooo$$$$$$$$$$$$$$$$$$$ chooooooooo$$$$$$$$$$

[Big A]

When I was hired with my current company, I fully disclosed the non-compete above. They sent to our HR and Employment Counsel that we have on staff, and they both said "that's fine, but in the event that it becomes a problem, please know that we cannot become involved".

Duly noted, on to the job. Here I am 6mo later and am one week away from closing the largest deal in company history (ie 4x years worth of quota). I called my boss this afternoon the moment I got it, and informed him that a copy was being sent to our CEO.

He called our CEO moments later, and called me back within 5 minutes. He stated, "Know that your job here is not in any way at risk and we will review with our VP of HR and our Employment Attorney and will let you know what our course of action will be".

While they can't counsel me on what I can do in return, I think I may have a bit of assistance on the inside. I swear I'm highly contemplating a lawsuit. I've checked with a few others since and know of 4 employees that have gone to competitors...

Funny how I'm the only one they are pursuing.

The first part bolded was just their CYA, to make sure that they aren't expected to spend money on litigation. Now that you're a valued sales person, and shown to be a money maker, they'll do what they can to keep you. Should this play out any further I bet that you'll get a little more than "inside help." The new company now realizes what they have to lose.

Hopefully it doesn't come to that, but you're in a really good position to not be out of pocket on an attorney if it does.

[bcoop]

i dont think id sign it...btw, i texted you

Sorry Paul, just now seeing this. I had my phone shut off last night (was on vacation). Ill call you this morning.

[mustangguy289]

No offense, but this isn't an hourly position, and I left voluntarily... 6 months after first interviewing with my current company... I declined the first offer.

Neither is mine... I was just saying that the rule is mainly for the shop guys about once leaving they can't come back. The office staff usually do not try to come back once they find a different job. In the oil field, it seems hourly people will leave a job they have had for years to make a small amount more with a new start-up company that promises great things or a higher position. Most of the times these new companies fail and they come back looking for a job and we say no.

[greenbullitt]

Sorry Paul, just now seeing this. I had my phone shut off last night (was on vacation). Ill call you this morning.

no worries!

[Roscoe]

Just got an email from our CEO, he is having our Employment Attorney "take care of this".

[racrguy]

Just got an email from our CEO, he is having our Employment Attorney "take care of this".

Nice!

[bcoop]

Just got an email from our CEO, he is having our Employment Attorney "take care of this".

Awesome.

[Big A]

Just got an email from our CEO, he is having our Employment Attorney "take care of this".

Repost!

heh Good deal man, what a PITA to even have to get to this point, but it's good to have your employers backing in more ways than one.

[BlackGT]

Good that it's being taken care of...

I work for a really big finance company and have never seen or heard of a no compete. But then again, I'm not on the sales side...

[Big A]

Good that it's being taken care of...

I work for a really big finance company and have never seen or heard of a no compete. But then again, I'm not on the sales side...

They aren't at all common on the operational side, as you aren't in a position to have a relationship to potentially steal clientelle, or hinder the former empoyers ability to profit. I'd bet that there was language in your hiring package about intellectual property, try and take the client list to a competitor, and see what happens.

[BlackGT]

There is definately language for proprietary and intellectual info/property.
Checked with a couple people in sales and they haven't seen a no compete letter or clause in the documents they signed.

All of my documents, in the sections related to employment, state that employment with our company is "at will" and employee can resign or be terminated any time and for any reason...

I do know, from recent layoffs, that as part of the severance package offered there was a clause stating they couldn't work for a competitor or be hired in another position within our company for like 2-3 months or they would forfeit any benefits from the package...

[Sean88gt]

The only time I saw one stick was with a former co-worker that went to a direct competitor/part time vendor. When he left, he printed out usage, sales, margins, and everything else that would give him a competitive sales edge. The original company lost large amounts of sales (one account was good for $200k/month), because he was able to go into customer accounts and slash prices. What caused the greater issue, is that the company took the info and used it for competitive advantage.

There was a settlement, due largely to the fact that the non-compete had expired by the time it reached court.