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  #11  
Old 01-12-2017, 12:30 PM
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Vorian Atreides Vorian Atreides is offline
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Originally Posted by Colonel Smoothie View Post
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.
Not sure how that shows a "backfire" against the (prior) employer.
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  #12  
Old 01-12-2017, 12:32 PM
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Not sure how that shows a "backfire" against the (prior) employer.
he quit to go work for a competitor
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  #13  
Old 01-12-2017, 12:32 PM
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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.
I had a similar line in the only non-compete I signed. There was a 1 year period attached to it and it was clearly specified as 1 year starting at end of employment.
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  #14  
Old 01-12-2017, 12:33 PM
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If they're asking you to sign, company probably has a policy. Refusing to sign would be a big problem, but not insurmountable. I've honestly never asked because the states I've worked, they are mostly unenforceable by law. I consider it more of a list of things I won't do because it's not fair, and company is telling me what they think is fair. If they put clients on there but not employees, then I consider it to be a green light to poach employees - if they didn't want that, they would have said so.

If somebody calls to talk to you about violating your non-compete, the correct response in most states is "Are you calling me on the cellular phone? I don't know you. Who is this? Don't come here, I'm hanging up the phone! Prank caller, prank caller!". They can't do anything. Consult a lawyer, or at least google, before you assume that applies to you tho.

You're vastly over-reading that one clause. You can't call those people and ask them to come with. And strongly agree that clause should have a time associated with it (one year is standard). I've even been at a company that wanted to poach* from a group and they felt comfortable having a person (i.e., you) write down a list of names that they should consider; then giving that list of names and numbers to an external recruiter and saying, "We want people with these skills, please find such people and get them to interview with us; and you should definitely approach all of the following people...." - that's some easy money for a recruiter, but that company viewed it as "Hey, that recruiter approached them, our employee didn't; he just answered questions when we told him that his former cow-orker was coming into our offices".


*This was IT, not actuarial BTW. Not sure that matters tho.
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  #15  
Old 01-12-2017, 12:36 PM
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he quit to go work for a competitor
I doubt it was as the result of the non-compete agreement, though.
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  #16  
Old 01-12-2017, 12:37 PM
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Originally Posted by Vorian Atreides View Post
I doubt it was as the result of the non-compete agreement, though.
Well companies issue noncompetes to prevent employees from working for competitors. Said employee went to work for a competitor. Non-compete backfired.

Seems pretty straight forward to me.
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  #17  
Old 01-12-2017, 12:42 PM
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Originally Posted by Colonel Smoothie View Post
Well companies issue noncompetes to prevent employees from working for competitors for a set period of time. Said employee went to work for a competitor after set period of time. Non-compete backfired effective.

Seems pretty straight forward to me.
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  #18  
Old 01-12-2017, 12:46 PM
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Vorian Atreides Vorian Atreides is offline
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Quote:
Originally Posted by Colonel Smoothie View Post
Well companies issue noncompetes to prevent employees from working for competitors. Said employee went to work for a competitor. Non-compete backfired.

Seems pretty straight forward to me.
No. "Non-compete" is not designed to prevent that (and, *that* would be illegal). It's generally designed to prevent an employee from working for a competitor having direct knowledge of the "competitive map" the company is using to compete in the market.

Putting time between when you last had access to that sort of knowledge and when you start working for a new company dilutes the value of the prior company's competitive strategy.

The general strategy isn't likely to be all that "secret" given that most companies could probably guess at the general strategy sought; it is the details that they would be most interested in. And a year's time can certainly make those details less certain and more fuzzy as a lot can change about those details.
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  #19  
Old 01-12-2017, 12:56 PM
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Originally Posted by Vorian Atreides View Post
It's generally designed to prevent an employee from working for a competitor
Cool. Glad we could come to an agreement.
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  #20  
Old 01-12-2017, 12:59 PM
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IFYP
Uh right. Like anybody is going to quit without a job lined up for an entire year and lose out on six figures of income and then start applying again with a gap on their resume in the hopes that they'd not only make up that opportunity cost, but also get a promotion out of it. Get real.
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