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  #1  
Old 01-12-2017, 12:04 PM
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Default Non-Compete Agreements

Any Thoughts on these things. Particularly the following.

Anybody ever refuse to sign one?

Do you think they're enforceable?

This clause is bothering me, any opinions?

"Employee will not directly or indirectly solicit the employment of any person from Current Employer who was an employee of Current Employee at the time of employee's termination."

Would this mean if in the future you were a hiring manager you'd have to pass on anyone you've worked with before, and even if not if anyone asked you for a reference about a coworker you couldn't say anything? This seems to be a major issue due to how small actuarial is.
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  #2  
Old 01-12-2017, 12:05 PM
MooBeay MooBeay is offline
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Quote:
Originally Posted by Climbing Bum View Post
Any Thoughts on these things. Particularly the following.

Anybody ever refuse to sign one?

Do you think they're enforceable?

This clause is bothering me, any opinions?

"Employee will not directly or indirectly solicit the employment of any person from Current Employer who was an employee of Current Employee at the time of employee's termination."

Would this mean if in the future you were a hiring manager you'd have to pass on anyone you've worked with before, and even if not if anyone asked you for a reference about a coworker you couldn't say anything? This seems to be a major issue due to how small actuarial is.
There is usually a window of time attached.
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  #3  
Old 01-12-2017, 12:10 PM
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Usual IANAL stuff.

I can't see that being enforceable in the situation given. I'm assuming it's only to stop you from gutting a department/team if you decide to start your own thing. Usually there's a time frame on the non-compete as well.
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Old 01-12-2017, 12:15 PM
InSpades InSpades is offline
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Quote:
Originally Posted by Climbing Bum View Post

"Employee will not directly or indirectly solicit the employment of any person from Current Employer who was an employee of Current Employee at the time of employee's termination."

Would this mean if in the future you were a hiring manager you'd have to pass on anyone you've worked with before, and even if not if anyone asked you for a reference about a coworker you couldn't say anything? This seems to be a major issue due to how small actuarial is.
It just means you can't ask someone to come work for your new company. Directly (you doing it yourself) or indirectly (you telling someone else to go ask them).

If they apply by themselves then you are not soliciting.

If they asked you to sign one then they probably want you to sign one. Do you think are you special enough to not have to sign one? Or do you think they could find someone w/ your exact same skills that would be happy to sign it?
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  #5  
Old 01-12-2017, 12:18 PM
Dr T Non-Fan Dr T Non-Fan is offline
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Seems more like, "You can't entice anyone you work with now to leave with you if you leave."

Now, if they want to take their goldfish with them and walk out with you, that is their action.

tl;dr: no poaching.
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Old 01-12-2017, 12:18 PM
Dr T Non-Fan Dr T Non-Fan is offline
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Damn, ninja'd!
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  #7  
Old 01-12-2017, 12:19 PM
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The laws vary by state. If you're in California, they're illegal.

They can certainly backfire against the employer. I know a guy who was poached from his employer, and his new company basically gave him a year's worth of paid vacation until his noncompete expired.
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Old 01-12-2017, 12:21 PM
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Originally Posted by MooBeay View Post
There is usually a window of time attached.
This. I think it's potentially enforceable if you're doing it a few months after you go, but not later.
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  #9  
Old 01-12-2017, 12:24 PM
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Quote:
Originally Posted by snikelfritz View Post
This. I think it's potentially enforceable if you're doing it a few months after you go, but not later.
I believe if there is no time frame involved it can be seen as a bad faith non-compete and would be ruled unenforceable. But that's what I remember from a business law class I took many years ago so grains of salt and whatnot.
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Force of habit, 2pac's been typing "88" a LOT since Trump got elected.
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You ought to see the bush. It's impressive.
Quote:
Originally Posted by Pikachu
10:53 pm: some ppl dont take advices well
Quote:
Originally Posted by mayo fan
9:45 pm: ao fan would be hot covered in mayo!
Quote:
Originally Posted by Snikelfritz
if you'd like I can come visit and dress up like a girl and get in some fights
Quote:
Originally Posted by Kaner3339 View Post
i think everyone needs to do this type of thing to get a dose of reality and straighten people up. it's kinda like going to the mountains and becoming a monk except it's with hundreds of potatoes and a lot of stoners with tattoos in a kitchen
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  #10  
Old 01-12-2017, 12:29 PM
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Two years is the time frame established.

And no. I do not think I am special enough not to sign it. Just curious what other people think.
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