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  1. #41
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    They don't hold up in court.

    In my field people are asked to sign them; I've even had employers tell me "...the lawyers make us ask even though we know these don't hold up in court..." I've refused and they went right on with the paperwork signing without it.

    So even if you do breach it, its not a big deal.
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  2. #42
    Void Lord Doctor Amadeus's Avatar
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    Quote Originally Posted by roninwookie View Post
    This. My company has all of our employees (from minimum wage to higher ups) sign non compete. We have specialty training that can be taken somewhere else if employee was so inclined as well as customer info that employees would be able to take to other businesses. Our minimum wage employees won't really see the customer info part and the training could be taught somewhere else so it's more of a fear tactic than anything for them.

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    There's plenty that can be taken from one to use at the other. Probably not recipes but in HOW they cook, schedules, vendors, pricing strategy, marketing strategy (if they are privy to that knowledge).Inside knowledge can also be used as leverage to get employment at another similar or competing facility.
    If the success or failure of your business hinges on the knowledge of someone who makes 10.50 an hour, chances are whatever they know getting to a competitor is the least of your problems.

    Someone brought up Jimmy John's which I found hilarious, because the only trade secrets on time they would worry about getting out is their drivers breaking every traffic law known to exist to get people sandwiches in a ungodly amount of time.
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  3. #43
    Quote Originally Posted by X Amadeus X View Post
    If the success or failure of your business hinges on the knowledge of someone who makes 10.50 an hour, chances are whatever they know getting to a competitor is the least of your problems.

    Someone brought up Jimmy John's which I found hilarious, because the only trade secrets on time they would worry about getting out is their drivers breaking every traffic law known to exist to get people sandwiches in a ungodly amount of time.
    Yea, like I said, for minimum wage employees its more of a scare tactic.
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  4. #44
    Legendary! Ealyssa's Avatar
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    I obviously understand the need of it.

    If I would sign one would completly depend on the exact terms of the contract. The non-compete duration after the end of the work contract, its range of application and the salary being the main points.

    I'm currently contracted with a tech company who made me sign one. The limitations are clear and only about the specific product solutions we are offering.
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  5. #45
    A non compete clause is usually negotiable, provided you are not negotiating over a low level, easily filled job. I have had a couple of jobs that wanted the clause in my contracts. One I signed after trading my signature for a significant increase in the wages offered. The second I signed because I knew it could be legally breached.

  6. #46
    If its a voluntary agreement its a great tool for the employer to retain employees, and even the employee to gain value to an employer. Its just another part of the balance of supply and demand, if demand for their jobs was too low, employers couldn't ask for them because there would be plenty of other fish in the sea.

  7. #47
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    Quote Originally Posted by Koriani View Post
    They don't hold up in court.
    That depends on the specific details. Alabama passed a new law on the matter a couple years ago.

    http://www.al.com/business/index.ssf...oved_non-.html

    Beyond that, it depends on the court. In California, they're flatly non-enforceable, which is part of the reason California has Silicon Valley and the rest of the states don't.

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  8. #48
    Quote Originally Posted by Saninicus View Post
    Are you in radio or broadcasting. Outside of those I've never heard of them.
    Everyone who works at Amazon has them down to the people moving boxes. With the problem that every retail outlet in the world could be considered their competition. Non compete agreements should only be for those whose jobs give them access to corporate secretes or research.
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  9. #49
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    Quote Originally Posted by the game View Post
    Do you agree with non-compete employment agreements?
    If you don't agree with them, don't sign one. I've never signed one and I doubt I would unless I was getting millions in severance pay or something.

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    Quote Originally Posted by the game View Post
    I work in IT. I'm a network technician.
    For like Comcast? Never heard of that. I'm a software developer and we get security non disclosure agreements each project I work on. We work in a secure facility as well which caused some issues when the city bought the building we work out of. They weren't happy the police or fire departments did not have access to our floor at all.

  10. #50
    Quote Originally Posted by vindicatorx View Post
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    For like Comcast? Never heard of that. I'm a software developer and we get security non disclosure agreements each project I work on. We work in a secure facility as well which caused some issues when the city bought the building we work out of. They weren't happy the police or fire departments did not have access to our floor at all.
    It's a small private company. only like 5 employees. We do IT work for alot of different companies. We've got clients in most corners of the US. New York, Texas, Oregon, Tennessee. Alot of local companies too.
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  11. #51
    Quote Originally Posted by Saninicus View Post
    If by "you don't get out much" you mean "don't change jobs much" than you're right. If someone shoves a non-compete in my face. I'm going to see what it says. If it's a small amount of time, No worries. If it's a 2 year non-compete, fuck that.

    Doing some googling. Here in Texas they're enforceable but have to be with in a reasonable scope. So it's a state to state thing I'm sure.
    It is very much a state to state thing. In New Jersey & New York, you better take your non-compete clause seriously.

    In CA, even if you did sign a non-compete, the court won't enforce it. The ban against non-compete is enshrined in the CA State constitution.

    CA ban against non-compete played an important role at every step of the development of Silicon Valley.

    William Shockley could not open Shockley Lab anywhere in New Jersey, of for that matter in the east coast, withou running afoul of his non-compete with Bell Lab. So he opened Shockley Lab in Northern California.

    Again, due to non-compete, he was not able to hire his more established former colleagues in Bell Lab, so he ended hiring some of the best young engineers in the country. Six of them left to open Fairchild Semiconductor. In any other states, they would have been forced to leave the state. Instead, they were able to open their facility basically next door to Shockley Lab.

    The ban against non-compete allowed Fairchild to hire entire research division of Motorolla. Motorrolla did sue, but they failed.

    The development of the Fairchildren companies (Intel, AMD, etc.) would not have been possible without that non-compete ban.

    In the end, of the more than 130 Bay Area tech companies trading on the NASDAQ or the New York Stock Exchange, more than 70% of these firms can be traced directly back to the founders and employees of Fairchild. These are companies with familiar names like Apple, Google, Oracle, Facebook, Cisco, Ebay, Symantec, Nvidia, etc.
    Last edited by Rasulis; 2018-02-19 at 03:59 AM.

  12. #52
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    Quote Originally Posted by the game View Post
    Do you agree with non-compete employment agreements? I've signed my first one when I started my new job this past month because I needed the job. But I feel like non-compete agreements should not exist. It gives the employer far too much control over a subordinate.
    They are very common in certain sectors, but its odd to see one for your job role. For positions with high level of trade secrets and competition they are almost mandatory.

    Typically they are satisfied by simply not stealing company secrets should you leave for another company.

    I believe a non-compete agreement was at the heart of the lawsuit between Zenimax and Oculus, with John Carmack being the head of Zenimax's virtual reality team, before running off and building the Oculus with everything he learned at Zenimax.

    Typically these agreements are very specific based on field and have time limits as well as a million other stipulations to both prevent you from taking part in corporate espionage and keep a company from forcing you out of a profession for quitting their company. Assuming the contract is written in good faith.

    Each case is different and this is sort of a best of both worlds.

    But again. It super fucking weird that as a network tech, you would have to sign one. Unless that is the company's primary business, or they are developing a proprietary networking technology.
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  13. #53
    Moderator chazus's Avatar
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    Asking if "Non Compete Agreements" are bad or not is like asking if "Contracts" are bad.

    It depends on the agreement. They're not the same, and some aren't legal. Look at the terms. Decide if its a problem or not. Some aren't even recognized, and you can negotiate. If it's bad, negotiate (or maybe you dont want to work there)
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