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Bosch
01-14-2006, 02:24 PM
I just got accepted for a job and they had me sign an agreement stating that I would not work for a competitor within 50 miles for up to 15 months after I leave them.
Does anyone have any experience with this sort of thing? Should I not sign it? Is this standard? If I leave the company I cant work within 50 miles?
I dont want to screw myself in the long term.
Any help/advice would be greatly appreciated!
Neuro
01-14-2006, 02:35 PM
Sounds to me like you really need to have the employer explain it to you better. It's there job to make it clear to you before you sign anything.
I have heard this happen at my own job for designers who deal with their marketing plan. It's so they don't gather all the intel and then run off to a competitor to sell them the same ideas. Of course I have heard that noncompetes won't really hold up in court if it came down to a battle over it. It seems that it's more of a formality and a scare tatic. Don't base your decision on what I am saying. This is just what I have heard in my own experiences. I wouldn't sign anything until I was perfectly clear how it works. If you are worried you might even want to consult a lawyer. For your own protection. Just ask for a copy of the agreement to look over and then take it there for them to look over. Might cost you a bit but if it made you feel better it just might be worth it.
I am sure others will chime in. We have talked about these here before.
jimking
01-14-2006, 02:39 PM
This happened to a friend of mine in Virginia. Sounds exactly the same, 50 mile radius. Well my friend did quit for good reason (a large printer) and was sued by the owner (a printer Hall of Famer). The owner lost the case. The one detail of that case that I remember was the judge said you can not deny someone the right to earn a living within a reasonable distance. My bet is that they don't stand up in court very well. However, it maybe different in each State.
Ryan8720
01-14-2006, 03:15 PM
That is a standard practice. From the business' point of view, they don't want you to be able to leave with thier secrets and go to work with a competitor. Of course that doesn't make as much sense for a graphic design job.
I'm suprised jimking's friend won. Must have had the right judge.
You could try to get them to waive the clause, but they probably just won't hire you.
jimking
01-14-2006, 03:57 PM
This person was a prepress person who was trained at the Rockchester Institute of Technology in NY. The owner paid for some training (12years ago) on an updated Scitex system. That was it.
That is a standard practice. From the business' point of view, they don't want you to be able to leave with thier secrets and go to work with a competitor. Of course that doesn't make as much sense for a graphic design job.
It doesn't make sense for ANY job.
vtwin_gary
01-14-2006, 08:18 PM
I was asked to sign one on a past job. I took it to my attorney (my wife is a paralegal) who re-worked it so that if I was fired it was voided. After they saw my concern & that I wasn't afraid of getting an attorney we had a meeting to discuss what they didn't want me to do we shook hands & off to work without a contract.
good luck
paulrandfan
01-17-2006, 03:52 PM
I'd be careful about signing that stuff. You have to look out for you. Make it clear, you are having someone in the legal profession read it over.
I've been screwed over too many times to trust anyone.
style
01-17-2006, 03:58 PM
It doesn't make sense for ANY job.
i think it does for some jobs.
i own a florist business, and though we don't have this clause in our contracts with employees, i wish i could. i wouldn't want an ex employee, taking our techniques and ideas over to another business in the same area.
colonel5
01-17-2006, 04:01 PM
i understand them, but they normally won't hold up in court. I'd ask them if their lawyer has looked over and approved the non compete form and than ask to have an attourney look over the form for you before you sign it. It's good to know what you're getting in to.
Navian
01-17-2006, 04:30 PM
I just got accepted for a job and they had me sign an agreement stating that I would not work for a competitor within 50 miles for up to 15 months after I leave them.
Does anyone have any experience with this sort of thing? Should I not sign it? Is this standard? If I leave the company I cant work within 50 miles?
I dont want to screw myself in the long term.
Any help/advice would be greatly appreciated!
I think its wrong for them to have you sign it. If they let you go, for 15 months (~1.5yrs) you cant do anything but freelance outside the 50 mile area.
But some states have a law called "Right to work" i think its dumb, the employer can let you go at any time for no reason. They can say "we are done, please dont come back tomorrow, we'll send your check in the mail"
No reason. boom your gone, if this is applicable in your area, then 15 months of unemployment isnt enough to keep your head afloat.
Me personally? I would go to your local state employment office and or better business bureu and get see if they have a right to make you sign that paper for the job.
I think it might be illegal. For them to lay you off (if they did), and you couldnt get a job for 15 months doing what you have experience/skills because of competition, is not right. You have a right to make a living, and since that paper would restrict you from getting a job with in the area of which you live, is wrong.
BTW I asked people here at my work here if they'd sign one, everyone of them said "Hell no".