Author Topic: Lawyerly people's of getbig  (Read 1361 times)

haider

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Lawyerly people's of getbig
« on: August 28, 2013, 12:36:46 PM »
My employer is requiring me to sign a 'restrictive covenant' which will be an agreement to not seek employment with a competitor during employment and a year afterward. (How a competitor is defined is also interesting and quite specific: it is someone with a competing technology or product in existence or development that can benefit from proprietary information I gain during the course of employment with the company)

If enforced, they will pay me the due base salary in addition to a bonus at the end of the year.

Does anyone know how enforceable this type of arrangement is? Does this effectively screw me over from looking at better opportunities? Keep in mind I'm more or less an entry level employee, so I'm unlikely to possess any proprietary information that can hurt the company's business.

You can tell me to fuck off if I come with too many questions to the site  ;D
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The Showstoppa

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Re: Lawyerly people's of getbig
« Reply #1 on: August 28, 2013, 12:39:03 PM »
My employer is requiring me to sign a 'restrictive covenant' which will be an agreement to not seek employment with a competitor during employment and a year afterward. (How a competitor is defined is also interesting and quite specific: it is someone with a competing technology or product in existence or development that can benefit from proprietary information I gain during the course of employment with the company)

If enforced, they will pay me the due base salary in addition to a bonus at the end of the year.

Does anyone know how enforceable this type of arrangement is? Does this effectively screw me over from looking at better opportunities? Keep in mind I'm more or less an entry level employee, so I'm unlikely to possess any proprietary information that can hurt the company's business.

You can tell me to fuck off if I come with too many questions to the site  ;D


Depends on the state.  I worked for a company that fid this.  A guy who left sued them and won after they tried to enforce it.  He also won expected back pay.

BRO

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Re: Lawyerly people's of getbig
« Reply #2 on: August 28, 2013, 12:40:30 PM »
Depends what the exact wording of the Non Compete Clause is. If its for a large company, their legal team usually draws them up, and they analyze all the fine details.

El Diablo Blanco

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Re: Lawyerly people's of getbig
« Reply #3 on: August 28, 2013, 12:42:11 PM »
My employer is requiring me to sign a 'restrictive covenant' which will be an agreement to not seek employment with a competitor during employment and a year afterward. (How a competitor is defined is also interesting and quite specific: it is someone with a competing technology or product in existence or development that can benefit from proprietary information I gain during the course of employment with the company)

If enforced, they will pay me the due base salary in addition to a bonus at the end of the year.

Does anyone know how enforceable this type of arrangement is? Does this effectively screw me over from looking at better opportunities? Keep in mind I'm more or less an entry level employee, so I'm unlikely to possess any proprietary information that can hurt the company's business.

You can tell me to fuck off if I come with too many questions to the site  ;D

That is common in Cali and about 99% rarely ever enforce it.  One company I worked for even got people green cards on the agreement that they stay for two years or pay the fees.  Most quit once they get the green card and the company never goes after them.

these agreements usually never matter unless you are high up in the company.  They worry more about the Chief designer or head of sales going to a competitor than they do a lower level person.  By law you don't even have to tell them who you are working for once you quit.  It's none of their business.  The only time they would even care is if you went to a competitor then started trying to recruit away more employees or clients.

The Showstoppa

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Re: Lawyerly people's of getbig
« Reply #4 on: August 28, 2013, 12:42:39 PM »
In NC a persons ability to provide for themselves supercedes the agreement. 

haider

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Re: Lawyerly people's of getbig
« Reply #5 on: August 28, 2013, 12:44:19 PM »

Depends on the state.  I worked for a company that fid this.  A guy who left sued them and won after they tried to enforce it.  He also won expected back pay.
cool, thanks for sharing. It matches with what I'm seeing so far online with regards to how its enforced. This job is in new york.
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haider

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Re: Lawyerly people's of getbig
« Reply #6 on: August 28, 2013, 12:46:01 PM »
damn, getbig is a treasure trove of info! Thanks for your posts guys!
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The Showstoppa

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Re: Lawyerly people's of getbig
« Reply #7 on: August 28, 2013, 12:46:41 PM »
cool, thanks for sharing. It matches with what I'm seeing so far online with regards to how its enforced. This job is in new york.


I was in touch with the guy throughout and his attorney told him that companies just expect people to not fight it.  More of a scare tactic.  Now if you worked for Boeing in design or something it might be different.

Army of One

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Re: Lawyerly people's of getbig
« Reply #8 on: August 28, 2013, 12:47:50 PM »
cool, thanks for sharing. It matches with what I'm seeing so far online with regards to how its enforced. This job is in new york.


333386 is a  Ny lawyer

haider

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Re: Lawyerly people's of getbig
« Reply #9 on: August 28, 2013, 12:49:53 PM »
333386 is a  Ny lawyer
he isn't too fond of my kind, and neither am I of his  :D
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El Diablo Blanco

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Re: Lawyerly people's of getbig
« Reply #10 on: August 28, 2013, 12:53:17 PM »
he isn't too fond of my kind, and neither am I of his  :D

What kind is that?  bloated bald guys who can't open water bottles?

BRO

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Re: Lawyerly people's of getbig
« Reply #11 on: August 28, 2013, 12:54:30 PM »
Is he working on a movie deal yet from that water bottle incident?

tommywishbone

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Re: Lawyerly people's of getbig
« Reply #12 on: August 28, 2013, 12:55:14 PM »
Bro, does this employer even lift?
a

haider

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Re: Lawyerly people's of getbig
« Reply #13 on: August 28, 2013, 12:55:46 PM »
What kind is that?  bloated bald guys who can't open water bottles?
haha! no I just hate white people! just kidding  :D

he's in good shape I have to give him that, but he's a little crazy with his political views to say the least  :P
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haider

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Re: Lawyerly people's of getbig
« Reply #14 on: August 28, 2013, 12:57:27 PM »
Bro, does this employer even lift?
Big Dicked Bob raised a good point about allowing dick slinging in the office. Unfortunately that would probably be considered 'sexual harassment' in the pussy ass place. So no, the employer doesn't lift.
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OneMoreRep

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Re: Lawyerly people's of getbig
« Reply #15 on: August 28, 2013, 12:58:01 PM »
My employer is requiring me to sign a 'restrictive covenant' which will be an agreement to not seek employment with a competitor during employment and a year afterward. (How a competitor is defined is also interesting and quite specific: it is someone with a competing technology or product in existence or development that can benefit from proprietary information I gain during the course of employment with the company)

If enforced, they will pay me the due base salary in addition to a bonus at the end of the year.

Does anyone know how enforceable this type of arrangement is? Does this effectively screw me over from looking at better opportunities? Keep in mind I'm more or less an entry level employee, so I'm unlikely to possess any proprietary information that can hurt the company's business.

You can tell me to fuck off if I come with too many questions to the site  ;D

Sounds like a crock of shit.

Depending on the type of "competing technology" they might not have a leg to stand on in court.

What type of competing technology is it? (Feel free to PM me if it is somewhat private)

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