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Started By
Message
New Employee Contract , Non-Compete 3 Years
Posted on 1/1/20 at 3:39 pm
Posted on 1/1/20 at 3:39 pm
Bosses want all executives to sign 3 year non-compete.
Thoughts?
Leverage it? “I’ll sign it for more compensation”
Sign it anyway as they are hard to enforce?
Sign it as I don’t want to be unemployed.
Thoughts?
Leverage it? “I’ll sign it for more compensation”
Sign it anyway as they are hard to enforce?
Sign it as I don’t want to be unemployed.
11
Posted on 1/1/20 at 3:50 pm to crazycubes
I’m also anticipating this, as I’m an outlier in that I don’t have one at my company as a senior leader.
My position will be that this limits my ability to find alternative employment if something crazy were to go down, so additional compensation is required. I know I can do this since I’m considered indispensable.
Perhaps you negotiate minimum 95% bonus over the course?
My position will be that this limits my ability to find alternative employment if something crazy were to go down, so additional compensation is required. I know I can do this since I’m considered indispensable.
Perhaps you negotiate minimum 95% bonus over the course?
Posted on 1/1/20 at 4:44 pm to crazycubes
Is this for a current job and current employer wants you to sign, or are you taking a new job and the new employer wants you to sign?
Generally speaking...
If current employer, then they need to give you something (consideration) in exchange for your signature. This could be a bonus, raise, etc. Continued employment by most likely itself isn't sufficient for the contract to be valid.
If taking a new job, then the job itself is consideration and the new employer doesn't have to give you anything else.
Generally speaking...
If current employer, then they need to give you something (consideration) in exchange for your signature. This could be a bonus, raise, etc. Continued employment by most likely itself isn't sufficient for the contract to be valid.
If taking a new job, then the job itself is consideration and the new employer doesn't have to give you anything else.
Posted on 1/1/20 at 4:47 pm to crazycubes
Do you work in Louisiana?
Posted on 1/1/20 at 4:53 pm to crazycubes
what state? Do some quick research and see if non-compete are even enforceable where you live
in some states (like Texas) I signed mine with a smirk. When I quit to go to the competition, my former employer threatened me with it, I calmly invited him to have his attorney contact me. I'm guessing his lawyer told him what a quick google search had told me.
in some states (like Texas) I signed mine with a smirk. When I quit to go to the competition, my former employer threatened me with it, I calmly invited him to have his attorney contact me. I'm guessing his lawyer told him what a quick google search had told me.
Posted on 1/1/20 at 5:32 pm to crazycubes
Tell them if they pay you to sit at home for 3 years you will sign it.
Posted on 1/1/20 at 8:28 pm to crazycubes
Negotiate a severance package. If the job ends because of reasons outside of your control, there should be a large pay day. They will consider that a low risk deal, if they are optimistic about the future.
Posted on 1/1/20 at 9:24 pm to crazycubes
3 years is an INSANE amount of time for a non-compete. How restrictive is it? What could you do if it was enforced?
Posted on 1/2/20 at 10:31 pm to crazycubes
You are an exec level person and you do not have a lawyer to handle this? Something doesn’t add up. Hell I’m not an exec and I keep an employment lawyer on a small retainer to handle these sort of matters for me.(I’m in tech).
3 years is excessive and this sounds like a small or outdated/old school company to pull something like this. If they are insisting, Best option is to negotiate a lucrative severance package including three years compensation. You can also get a lawyer to strike things in the agreement. My lawyer redlines these things all of the time.
Best advice I can give you is to seek a competent employment lawyer to handle this for you and don’t seek the advice of a sports discussion board.
3 years is excessive and this sounds like a small or outdated/old school company to pull something like this. If they are insisting, Best option is to negotiate a lucrative severance package including three years compensation. You can also get a lawyer to strike things in the agreement. My lawyer redlines these things all of the time.
Best advice I can give you is to seek a competent employment lawyer to handle this for you and don’t seek the advice of a sports discussion board.
This post was edited on 1/2/20 at 10:33 pm
Posted on 1/3/20 at 3:59 pm to crazycubes
Illegal in Louisiana. 2 years max.
Completely void if no severability clause.
Completely void if no severability clause.
Posted on 1/3/20 at 4:55 pm to crazycubes
quote:
Sign it anyway as they are hard to enforce?
This is probably one of the biggest myths I see here. If worded correctly, they are 100% enforceable in Louisiana. I ran into an issue with a non-compete that I signed a couple years ago. I was threatened by my former employer with a lawsuit if I continued soliciting similar business so I took it to my attorney and he said it was rock solid because of the way it had been worded.
Also, Louisiana law prohibits a non-compete from lasting more than 2 years from the last date of employment.
I would suggest taking it to an attorney to find out if it would be enforceable. Mine was because my employer took the time and money to hire a competent lawyer to write the one I signed. So glad I'm out of it now that enough time has passed.
Posted on 1/3/20 at 6:32 pm to crazycubes
Good luck enforcing a 3 year NC
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