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dandr10199
Grace is growing up too fast!
Member since 10/05 11561 total posts
Name:
Dina
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Would you sign a non compete?? (UPDATED in last post)
Ok, I have a new job and they just sent over the contract for me to sign. The contract has a non-compete clause in it. I figured it would, the job is in title insurance sales and I would also be a title closer.
I spent the last two years developing a client base and I am taking my clients with me to my new job. The non-compete has a two year clause which I think is long. Most non competes that I have seen were for 6 months to a year.
Would you ask the employer to revise the contract and the non-compete clause? I want to ask them to revise it but I know it might open up a can of worms and run the risk of the employer rescinding the offer. What would you do? I am leaning towards asking them to revise it. I guess asking could not hurt right? TIA for your opinions. 
eta: I did not sign one at my last job. This allowed me to bring my clients over to the new job. I am concerned that if I leave the new job for whatever reason, they will have all of the clients I worked so hard to devlop and I would not be able to contact my clients for two years.
Message edited 8/21/2006 10:26:54 AM.
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Posted 8/21/06 8:55 AM  |
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MikesWife
Wanting...........
Member since 1/06 6887 total posts
Name:
Karen
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Re: Would you sign a non compete???
What about asking them to revise the contract so that should you leave you can take any clientelle established before your hire (and list them). All new clients would then be subject to the non-compete clause.
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| Posted 8/21/06 8:59 AM |
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My2Boys
Love.
Member since 10/05 4796 total posts
Name:
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Re: Would you sign a non compete???
In my experience, nc clauses have been anywhere from 3 months to a year. Two years seems like "wishful thinking" on your new employer's part. This is a negotiable subject, IMO. I would ask to have it revised.
Good luck.
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| Posted 8/21/06 9:00 AM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Would you sign a non compete???
Posted by MikesWife
What about asking them to revise the contract so that should you leave you can take any clientele established before your hire (and list them). All new clients would then be subject to the non-compete clause.
Excellent advice. I would add this amendment to the non compete agreement & then sign it.
I probably wouldnt' even ask to have it revised, I would just revise it myself (you may want to check the wording with an attorney to make sure you're covered).
Message edited 8/21/2006 9:03:03 AM.
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| Posted 8/21/06 9:02 AM |
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dandr10199
Grace is growing up too fast!
Member since 10/05 11561 total posts
Name:
Dina
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Re: Would you sign a non compete???
Posted by MikesWife
What about asking them to revise the contract so that should you leave you can take any clientelle established before your hire (and list them). All new clients would then be subject to the non-compete clause.
What a GREAT idea!!!! Awesome!! I knew posting here I would get amazing advice. I am too close to the situation to think outside of the box like that. THANK YOU!
Message edited 8/21/2006 9:10:11 AM.
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| Posted 8/21/06 9:02 AM |
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Bxgell2
Perfection
Member since 5/05 16438 total posts
Name:
Beth
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Re: Would you sign a non compete???
My brother signed a 2-year non-compete clause and is regretting it every day... he is a music tutor and he signed a non-compete for a very large geographic area, so he has been restricted in accepting students for a year and a half now... he's just counting down the days until the 2 year time-frame is up.
IMO 2 years is an excessive requirement. I would ask to revise.
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| Posted 8/21/06 9:02 AM |
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dandr10199
Grace is growing up too fast!
Member since 10/05 11561 total posts
Name:
Dina
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Re: Would you sign a non compete???
Do you think 6 months is fair? I feel like if I ask for a 3 month non compete, we would settle on 6 months. If I ask for 6 months they may want a year. Should I ask for three months and roll the dice?
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| Posted 8/21/06 9:04 AM |
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Elbee
Zanzibar
Member since 5/05 10767 total posts
Name:
Me
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Re: Would you sign a non compete???
I think 6-months is ample time for a non compete. What do they expect you to do ... get a new career if you ever leave there?  Get the 6-months and have them throw in your exisiting clients. Good luck! 
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| Posted 8/21/06 9:06 AM |
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JRG71
*****************
Member since 5/05 5025 total posts
Name:
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Re: Would you sign a non compete???
Posted by dandr10199
Do you think 6 months is fair? I feel like if I ask for a 3 month non compete, we would settle on 6 months. If I ask for 6 months they may want a year. Should I ask for three months and roll the dice?
I have a year clause, which is pretty standard in my industry. From my experience non competes are non negotiable, but it can't hurt to try.
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| Posted 8/21/06 9:10 AM |
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Karen
Just chillin'!!
Member since 1/06 9690 total posts
Name:
Karen
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Re: Would you sign a non compete???
wow, I guess every industry is different, but all the non-competes I signed were for 2+ years (my last firm it was 5 years).
I'm not a huge fan of making changes to their standard corporate policy before I even have the job - but the idea of listing out your existing clients seems like a good one.
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| Posted 8/21/06 9:12 AM |
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dandr10199
Grace is growing up too fast!
Member since 10/05 11561 total posts
Name:
Dina
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Re: Would you sign a non compete???
Posted by Karen
wow, I guess every industry is different, but all the non-competes I signed were for 2+ years (my last firm it was 5 years).
I'm not a huge fan of making changes to their standard corporate policy before I even have the job - but the idea of listing out your existing clients seems like a good one.
What do you do?
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| Posted 8/21/06 9:14 AM |
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Karen
Just chillin'!!
Member since 1/06 9690 total posts
Name:
Karen
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Re: Would you sign a non compete???
Posted by dandr10199
Posted by Karen
wow, I guess every industry is different, but all the non-competes I signed were for 2+ years (my last firm it was 5 years).
I'm not a huge fan of making changes to their standard corporate policy before I even have the job - but the idea of listing out your existing clients seems like a good one.
What do you do?
I was a corporate tax accountant heavily involved with technology, now I am a teacher.
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| Posted 8/21/06 9:15 AM |
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dandr10199
Grace is growing up too fast!
Member since 10/05 11561 total posts
Name:
Dina
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Re: Would you sign a non compete???
Posted by Karen
Posted by dandr10199
Posted by Karen
wow, I guess every industry is different, but all the non-competes I signed were for 2+ years (my last firm it was 5 years).
I'm not a huge fan of making changes to their standard corporate policy before I even have the job - but the idea of listing out your existing clients seems like a good one.
What do you do?
I was a corporate tax accountant heavily involved with technology, now I am a teacher.
Thanks. I just wanted to see if anyone else in the RE business had a non compete that was longer than 6 months.
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| Posted 8/21/06 9:17 AM |
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Re: Would you sign a non compete???
DH did for the company he is now with and he is miserable there. The non-compete held him back from accepting another similar job recently in the same field. The other job would have been a $50,000 salary increase.
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| Posted 8/21/06 9:33 AM |
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dandr10199
Grace is growing up too fast!
Member since 10/05 11561 total posts
Name:
Dina
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Re: Would you sign a non compete???
Posted by scarletbegonia
DH did for the company he is now with and he is miserable there. The non-compete held him back from accepting another similar job recently in the same field. The other job would have been a $50,000 salary increase.
This is exactly why I did not sign on with my previous employer. My head is spinning...
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| Posted 8/21/06 9:35 AM |
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Sassyz75
Turning a new page
Member since 5/05 9731 total posts
Name:
Dina
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Re: Would you sign a non compete???
keep in mind that most non competes don't hold up in court unless they are very very specific- so they most be specific to geographic area, types of companies, positions, etc.
They can't prevent you from working. But they can prevent you from disclosing trade secrets.
I would ask a lawyer.
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| Posted 8/21/06 9:43 AM |
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dandr10199
Grace is growing up too fast!
Member since 10/05 11561 total posts
Name:
Dina
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Re: Would you sign a non compete???
UPDATE: I just talked it over with my new employer and we worked it out that the non compete would apply to Orange County only (I have clients in Orange, Nassau, Suffolk, Queens, Westchester and Rockland Counties) for one year. Also, I can keep my exsisting clients and they would not be part of the non compete. Thank for all the GREAT advice ladies!
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| Posted 8/21/06 10:26 AM |
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Sassyz75
Turning a new page
Member since 5/05 9731 total posts
Name:
Dina
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Re: Would you sign a non compete?? (UPDATED in last post)
Posted by dandr10199
UPDATE: I just talked it over with my new employer and we worked it out that the non compete would apply to Orange County only (I have clients in Orange, Nassau, Suffolk, Queens, Westchester and Rockland Counties) for one year. Also, I can keep my exsisting clients and they would not be part of the non compete. Thank for all the GREAT advice ladies!
that sounds like a great compromise.
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| Posted 8/21/06 10:27 AM |
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MikesWife
Wanting...........
Member since 1/06 6887 total posts
Name:
Karen
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Re: Would you sign a non compete?? (UPDATED in last post)
Awesome!!
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| Posted 8/21/06 10:29 AM |
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Elbee
Zanzibar
Member since 5/05 10767 total posts
Name:
Me
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Re: Would you sign a non compete?? (UPDATED in last post)
That's great news!!!!!!!!!!!!!!!!!!
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| Posted 8/21/06 10:31 AM |
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Karen
Just chillin'!!
Member since 1/06 9690 total posts
Name:
Karen
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Re: Would you sign a non compete?? (UPDATED in last post)
congrats!!
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| Posted 8/21/06 10:36 AM |
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JenniferEver
The Disney Lady
Member since 5/05 18163 total posts
Name:
Jennifer
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Re: Would you sign a non compete?? (UPDATED in last post)
That's great!
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| Posted 8/21/06 10:43 AM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Would you sign a non compete?? (UPDATED in last post)
Glad it worked out!
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| Posted 8/21/06 10:44 AM |
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