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racheK
Hudson's Momma
Member since 10/10 2853 total posts
Name:
Rachel
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Non-compete?
Does anyone have one of these? I got an offer from a company and it has a 2 year non-compete clause. Just curious how this works.
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Posted 2/22/14 10:31 AM  |
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MichLiz213
Life is Good!
Member since 7/07 7979 total posts
Name:
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Non-compete?
I've been told they don't hold up in NY State, but maybe someone with more experience can confirm or deny this.
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| Posted 2/22/14 11:22 AM |
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Re: Non-compete?
The last couple of places I worked for had this but it was never really enforced.
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| Posted 2/23/14 8:43 AM |
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montimom
LIF Toddler
Member since 11/05 479 total posts
Name:
Misha
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Re: Non-compete?
I've had them too and from what I have been told by attorneys is that even if you sign one, if it is your only means to support yourself you cannot be denied that right so they are almost never enforced. Not sure if that would apply to really senior level positions though...
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| Posted 2/23/14 11:15 AM |
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DrMeg
Back home!
Member since 5/08 1858 total posts
Name:
Meg
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Re: Non-compete?
Posted by MichLiz213
I've been told they don't hold up in NY State, but maybe someone with more experience can confirm or deny this.
DH signed one at one of his previous jobs. He had some doubts and was told the same thing by management. They take it more as a sign of good faith then ever trying to uphold it. They can't take away your livelihood.
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| Posted 2/23/14 2:39 PM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Non-compete?
They are very hard to enforce. And it's more used if you are going to be taking clients. If you are just going to go work for another company then I wouldn't worry about it.
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| Posted 2/24/14 7:37 AM |
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Re: Non-compete?
Posted by alli3131
They are very hard to enforce. And it's more used if you are going to be taking clients. If you are just going to go work for another company then I wouldn't worry about it.
This came up sometimes when I worked in homecare.
Providers would accuse other providers of stealing clients.
But honestly, to the people who oversaw all the programs, they were told to suck it up and play nice in the sandbox.
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| Posted 2/24/14 5:56 PM |
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racheK
Hudson's Momma
Member since 10/10 2853 total posts
Name:
Rachel
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Re: Non-compete?
Posted by alli3131
They are very hard to enforce. And it's more used if you are going to be taking clients. If you are just going to go work for another company then I wouldn't worry about it.
Well a lot of my job is my client contacts. So I do wonder how this will work. Part of why I was hired was because of my "rolodex." I am going to sign regardless, may need to work this out with my future employer if I chose to leave at some point.
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| Posted 2/24/14 7:43 PM |
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NYCGirl80
I love my kiddies!
Member since 5/11 10413 total posts
Name:
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Re: Non-compete?
Posted by racheK
Posted by alli3131
They are very hard to enforce. And it's more used if you are going to be taking clients. If you are just going to go work for another company then I wouldn't worry about it.
Well a lot of my job is my client contacts. So I do wonder how this will work. Part of why I was hired was because of my "rolodex." I am going to sign regardless, may need to work this out with my future employer if I chose to leave at some point.
Read it very carefully. While it is hard to enforce, are you really willing to get an attorney if you need to get a new job?
I signed a non-compete when I took my last job. They laid me off when i was 8 months pregnant. I had an attorney - not just any attorney, but one of the top employment attorneys in the country. When I started looking for a new job, I was offered one that conflicted with my non-compete. Long story short, it was a huge, uphill battle if I wanted to take that job. I wound up getting a better offer only 2 weeks later and took that one instead. But they really can affect you down the road.
Every non-compete is different and restricts you from doing different things, so read what it is that you're signing.
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| Posted 2/28/14 4:00 PM |
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Re: Non-compete?
Posted by NYCGirl80
Posted by racheK
Posted by alli3131
They are very hard to enforce. And it's more used if you are going to be taking clients. If you are just going to go work for another company then I wouldn't worry about it.
Well a lot of my job is my client contacts. So I do wonder how this will work. Part of why I was hired was because of my "rolodex." I am going to sign regardless, may need to work this out with my future employer if I chose to leave at some point.
Read it very carefully. While it is hard to enforce, are you really willing to get an attorney if you need to get a new job?
I signed a non-compete when I took my last job. They laid me off when i was 8 months pregnant. I had an attorney - not just any attorney, but one of the top employment attorneys in the country. When I started looking for a new job, I was offered one that conflicted with my non-compete. Long story short, it was a huge, uphill battle if I wanted to take that job. I wound up getting a better offer only 2 weeks later and took that one instead. But they really can affect you down the road.
Every non-compete is different and restricts you from doing different things, so read what it is that you're signing.
I agree. They are difficult to enforce but there's still a potential for an expensive legal battle. Plus, a company that wants to enforce one will have it very well written. My husband went through a lot with this & I've posted about it somewhere on here. It all worked out very well but it's a difficult issue to have.
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| Posted 3/12/14 1:40 AM |
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bpmom
Feeling Blessed
Member since 6/07 2963 total posts
Name:
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Re: Non-compete?
Posted by NYCGirl80
Every non-compete is different and restricts you from doing different things, so read what it is that you're signing.
I agree with this and I'd like to add that you should inquire about remuneration for enforcement.
I had one and I knew that if they tried to enforce it, I was entitled to a set amount of $$$ plus benefits/bonus/incentives. When the VP began to ask about my client lists and the scope of the projects I'd be working on, I consulted my attorney and we drafted a notice that I would share the information and decline the position only if all aspects of the non-compete (ie the payment) were enforced simultaneously. As soon as their lawyers received my letter, I received a note from the VP "releasing" me from the non-compete.
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| Posted 3/17/14 3:35 PM |
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