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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 4:51 pm to TigerintheNO
Current job. Been with the company for about 10 years.
Job is in Texas.
Job is in Texas.
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 1:48 pm to LSUFanHouston
From what I read, I cannot work in any place where my current employer does business, no matter the business type. For example, I am in the energy division, however they have a hotels and restaurant group as well. It seems crazy. My sister is a lawyer. I need to have her take a look.
Posted on 1/2/20 at 2:32 pm to crazycubes
quote:
I am in the energy division, however they have a hotels and restaurant group as well
Not a lawyer, but I think that would be too far of a reach that a judge would throw it out. If anything, I would think the territory would be limited to areas where there is a direct competitor for the energy division only, and your company's energy division is located. It shouldn't matter where some subsidiaries that are unrelated to your division are located.
On a side note, I believe LA law (always the odd rule) requires the non-compete to list the actual jurisdiction. It cannot be generalized.
Also, as someone else pointed out; I believe some form of consideration would be required or the contract would not be valid.
This post was edited on 1/2/20 at 2:33 pm
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 3:19 am to lsufanintexas
quote:
You are an exec level person and you do not have a lawyer to handle this
This “agreement” was just presented to me . I fully plan on having an attorney review it ;-)
Eta
Definitely appreciate the feedback from everyone
This post was edited on 1/3/20 at 3:20 am
Posted on 1/3/20 at 6:18 am to Uncle Stu
quote:
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.
Technically Unenforceable in California, but I think deep pocketed employers will try to tie you up in litigation to make your life difficult.
Posted on 1/3/20 at 8:04 am to crazycubes
quote:
I fully plan on having an attorney review it ;-)
Best advice anyone on here can give in this instance.
Every state is different and the factual background is of great importance. A review from an attorney in that jurisdiction is your best friend.
Posted on 1/3/20 at 11:12 am to Weekend Warrior79
quote:
Not a lawyer, but I think that would be too far of a reach that a judge would throw it out. If anything, I would think the territory would be limited to areas where there is a direct competitor for the energy division only, and your company's energy division is located. It shouldn't matter where some subsidiaries that are unrelated to your division are located.
That's crazy. The whole point of a non-compete, and the reason they can be enforceable, is to prevent you from taking ideas / clients immediately from one company, to a competitor.
If you are going from energy to hotels, I'm not sure what you would take with you. That seems really, really overboard.
Posted on 1/3/20 at 1:44 pm to stewie
quote:
Best advice anyone on here can give in this instance.
Every state is different and the factual background is of great importance. A review from an attorney in that jurisdiction is your best friend.
best advice is dont sign it. regardless of the facts, he can get sued and have to foot the bill for the legal expense for him to prove that the contract wasnt legitimate. at $400 an hour it may not take long for him to run out of money.
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 4:35 pm to udtiger
quote:Doesn't it also have to spell out a location that it's in effect? I signed a non-compete, but my company is located in a different state, and it did not specify a location in which the non-compete applied to. Surely they can't prevent me from working in this field at all across the country?
Illegal in Louisiana. 2 years max.
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.
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