Please discuss.
Sorry can’t discuss on account of my non compete agreement
Discuss what exactly? They are very difficult to enforce from the perspective of the employer. And even if an employer wanted to, they may not be legally able to do so. JoeyDV is going to post on here for sure and try to scare the living crap out of you with his horror story but disregard.
These things are a joke. When I left my last shop they had this big, serious “Exit Meeting” with me to ensure that I understood that I am NOT to contact firm clients. Of course in being a higher profile PM I had all the client details but I remain to this day confused about how they could ever nail me. Lets say the client transfers over to me and they file a suit saying I solicited the client. I would just say “BS, I left all of the client data on your firm’s premisses and simply happened to remember the client’s phone number”. " I simply issued a courtesy call indicating that I resigned from your firm and moved my practice to a better firm". Or even better… “BS, I met Mr. Client at the Opera three weeks ago and when he asked what I was up to I told him I moved my practice to a reallly great new firm and that I would be happy to tell him more if HE was interested at diversifying his PMs”. Willy
Very hard to enforce, especially in your case Willy.
Although these agreements are difficult to enforce, especially if they state you cannot work for a competitor for two years or whatever time length (you cannot legally prevent someone from working), they could be a nuisance. If you did not have a great relationship with your prior employer, they can follow up on your breach of contract with legal action which will always be costly for you no matter the outcome. They can also mark your licenses and you will need to hire a lawyer to defend the claim to have it removed from your record.
Just make sure your pay check and/or bouns check clears…then give them the finger when it present itself at the exit interview, at that point, they have no leverage against you.
A non-compete is worth even less if you didn’t receive consideration for said contract. Unless you signed the non-compete on your first day, then you getting the job itself is consideration for the non-compete.
The consideration for the said contract would be them hiring you right? Because if you don’t sign you don’t get hired.
Unless they bring you a non-compete after you start. Then, you already have the job so that can’t be consideration. They must give you something of value at that point.
You guys just have no idea…
It’s important to note that just because you think the contract is ‘garbage’ or they didn’t give you consideration or what have you, doesn’t mean an aggressive former employer can’t make your life hell for a while and cost you a lot of money in legal fees.
JoeyDVivre mind explaining further? I’d like to hear your thoughts…
XSellSide Wrote: ------------------------------------------------------- > It’s important to note that just because you think > the contract is ‘garbage’ or they didn’t give you > consideration or what have you, doesn’t mean an > aggressive former employer can’t make your life > hell for a while and cost you a lot of money in > legal fees. If you have an employer willing to spend $1M to make your life a living hell over these agreements, he can absolutely do it. Non-compete agreements mean nothing if your employer doesn’t care or you have tons of time, money, and (especially) emotional fortitude to fight them. The usual case scenario is that they don’t mean jack s%$t. The worst case scenario is that they provide a nice stepping stone for sending lawyers after you.
Of course I did see a “non-compete” that was a complete joke. It was 2 sentences in a letter to an ex-employee that basically said “Do not make any attempt to call our clients or take them.” The company didn’t get real far with that one. JDv is right. Sometimes it’s not the money, it’s the ego. Some people are willing to spend more in legal fees than any potential damages just to be “right”.