Non-Compete Agreement

[WTucker]

For those of you saying that they are hard to enforce or not enforceable in a "right-to-work" state....that's just not true. They're held up time and again. There are certain ways that they must be written, there needs to be "consideration" (i.e. $$$) given in exchange, time and distance must be reasonable, but they're held up all the time.

I have a few key people with very reasonable, yet very enforceable non-competes and I have several others with non-solicitation clauses. I don't want to keep anyone from working. I do want to keep them from poaching my employees and my clients. I have enforced both.

They haven’t offered me any money to sign it, and the distance is not specified. I could totally understand not poaching employees and clients. The not working is a problem for me. I plan to be at this company long term, but I planned that with my current company. Here I am 10 years later with a potential good opportunity though. You just never know what will come up.

[curtintex]

They haven’t offered me any money to sign it, and the distance is not specified. I could totally understand not poaching employees and clients. The not working is a problem for me. I plan to be at this company long term, but I planned that with my current company. Here I am 10 years later with a potential good opportunity though. You just never know what will come up.

Tell them to better define it. I would never sign one without strict parameters that I agreed with.

[3under3]

I agree with Curtintex. More times than not your former employer will want to litigate the issue at a cost higher than you or your new employer is willing to pay. Are you willing to spend 10’s of thousands of dollars to challenge the enforceability of an agreement? These cases make divorce seem like a bargain for an employee. Many employers are terminating employees that do not sign agreements post hire due to todays’s employment environment. Make sure you are sold on the new company before moving to the “greener grass”.

[WTucker]

I agree with Curtintex. More times than not your former employer will want to litigate the issue at a cost higher than you or your new employer is willing to pay. Are you willing to spend 10’s of thousands of dollars to challenge the enforceability of an agreement? These cases make divorce seem like a bargain for an employee. Many employers are terminating employees that do not sign agreements post hire due to todays’s employment environment. Make sure you are sold on the new company before moving to the “greener grass”.

Yeah. That’s a big no for me. The last thing I want to do is go broke in court for trying to make a better move for myself/my family.

[aggie182]

I had to sign one about 10 years ago as "a condition of employment" for a job I was already at for a few years. I found an attorney and offered him a spot on a guided fishing trip in exchange for advice because I couldn't afford him. He was super cool about the whole thing and gave me solid advice and I was able to negotiate down the duration and the geographic area based on his advice. Might be worth a shot if you know of an attorney who may do something similar for you. As mentioned above, it may or may no be enforceable and even if it isn't, it could cost you a lot of money to prove that in court.

[Etxbuckman]

I got sued over one. Judge threw it out because it was too broad and therefore unenforcable but it cost me a butt-ton of money to fight it.

[elgato]

I sold a company a few years ago and signed a non compete for 2 years barring me from anything in that particular industry. Later I had the opportunity to invest in a similar company but was told by my attorney I would be sued and I would lose...with damages. The key was I received substantial compensation for the non compete.

Generally depends on how well written and if you are compensated .Get a lawyer

[JSki]

For those of you saying that they are hard to enforce or not enforceable in a "right-to-work" state....that's just not true. They're held up time and again. There are certain ways that they must be written, there needs to be "consideration" (i.e. $$$) given in exchange, time and distance must be reasonable, but they're held up all the time.

I have a few key people with very reasonable, yet very enforceable non-competes and I have several others with non-solicitation clauses. I don't want to keep anyone from working. I do want to keep them from poaching my employees and my clients. I have enforced both.

Curt is correct, they are enforceable if certain criteria are met. They do need to have a reasonable time and geographic restriction. For what it’s worth, I’m a lawyer and draft and review non-competes.


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[BuckRage]

I would never sign one again unless it was very worth while. I've seen them have other companies not hire a person who has signed one before just to keep away from the headache.

[Grayson]

For those of you saying that they are hard to enforce or not enforceable in a "right-to-work" state....that's just not true. They're held up time and again. There are certain ways that they must be written, there needs to be "consideration" (i.e. $$$) given in exchange, time and distance must be reasonable, but they're held up all the time.

I have a few key people with very reasonable, yet very enforceable non-competes and I have several others with non-solicitation clauses. I don't want to keep anyone from working. I do want to keep them from poaching my employees and my clients. I have enforced both.

kudos, sir. I applaud you for obviously paying attention in your lawyer meetings.

The poor advice on here regarding the alleged unenforceability of NC’s is cringe-worthy. And to the extent a NC is allegedly illegal or unenforceable, courts can reform an allegedly unenforceable NC to comply with the law.

[curtintex]

kudos, sir. I applaud you for obviously paying attention in your lawyer meetings.



The poor advice on here regarding the alleged unenforceability of NC’s is cringe-worthy. And to the extent a NC is allegedly illegal or unenforceable, courts can reform an allegedly unenforceable NC to comply with the law.

Well hell...if I’m gonna pay ‘em, I might as well listen to ‘em.[emoji6][emoji4]

[Rubi513]

Ain’t no way in hell I would sign it.

[jkk831]

Curt is correct, they are enforceable if certain criteria are met. They do need to have a reasonable time and geographic restriction. For what it’s worth, I’m a lawyer and draft and review non-competes.


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Does compensation have to be given during the non compete term?

[Dejashoot]

It comes down to how willing you are to try and get out of the NC. We as a company steer clear of hiring folks with a NC in place because it isn’t usually worth the hassle. Yes, you may be able to go to court and win but will your mew job with them make you enough money to pay the atty fees.

[Uncle Saggy]

Saggy, did yours say that you can’t even work for competition? I can agree to not take customers.

No it didn’t. Only said the not going after accounts and techs for a year..... mine was pretty basic
I don’t know if I’d go for the not working in the trade part.
But as stated, it is a right to work state