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Why I Don’t Sign Non-Competes

posted by janrinok on Saturday March 24 2018, @03:06AM   Printer-friendly
from the do-they-want-you-more-than-you-need-them dept.

canopic jug writes:

Sumit Khanna has a blog post with the title, Why I Don't Sign Non-Competes:

[...] Over the course of the next fifteen years, I would be asked to sign non-competes several more times, always prior to employment. I've always refused, and until recently, I've never been denied a position because of that refusal.

A non-compete is a type of contract issued by an employer, typically part of the standard work agreement, job offer or non-disclosure agreement, which states that the employee agrees not to start a business that competes with their current company or to work for their company's competitors, for a set length of time (typically one year) after leaving or being terminated. If that sounds like an illegal contract, in the state of California, it is.

What are soylentils' experience with non-compete clauses?

Original Submission

 
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  • (Score: 2) by Whoever on Saturday March 24 2018, @04:42AM (4 children)

    by Whoever (4524) on Saturday March 24 2018, @04:42AM (#657366) Journal

    I was recently presented with a non-compete agreement.

    No, you weren't. Just more fiction from Drunk Uncle.

    You claim to be in California (San Diego) and you claim to work as a technician. No California employer is going to bother trying to get a junior employee to sign an contract with an unenforceable clause.

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  • (Score: 0) by Anonymous Coward on Saturday March 24 2018, @04:49AM (2 children)

    by Anonymous Coward on Saturday March 24 2018, @04:49AM (#657373)

    https://www.huffingtonpost.com/entry/understanding-californias-ban-on-non-compete-agreements_us_58af1626e4b0e5fdf6196f04 [huffingtonpost.com]

    Unenforceability only applies to limitations on one’s employment after the employment relationship. In California, non-compete agreements that prevent employees from future gainful employment are void, but this ban only applies to non-competes that are or remain effective after the termination of employment. A company may – legally and for very legitimate reasons – prohibit its employees from moonlighting during the term of their employment, particularly when the moonlighting it performed for a competitor. There are a myriad of reasons why companies would demand loyalty of current employees. Thankfully, the California legislature and the courts alike have recognized a business’s need to monopolize a current employee’s commitment to the success of the venture and minimize the risk of corporate espionage. Many companies find that these policies are shared with prospective employees before they begin their term of employment. Most also insert provisions restricting moonlighting in their employee handbooks to serve as a reminder to existing employees.

    • (Score: 2) by Whoever on Saturday March 24 2018, @05:38AM

      by Whoever (4524) on Saturday March 24 2018, @05:38AM (#657383) Journal

      In California, non-compete agreements that prevent employees from future gainful employment are void, but this ban only applies to non-competes that are or remain effective after the termination of employment.

      Another lawyer disagrees:

      Typically, the situation arises after one leaves employment. Do the same rules apply during employment?

      Business and Professions Code Section 16600, which prohibits restraints on trade, refers to "any contract" and makes no distinction between a current and former employee.

      http://noncompetehelp.com/california-non-compete-during-employment.html [noncompetehelp.com]

    • (Score: 2) by JoeMerchant on Saturday March 24 2018, @05:43PM

      by JoeMerchant (3937) on Saturday March 24 2018, @05:43PM (#657599)

      Then there's severability - the standard clause that says "we're overreaching in several other parts of this contract, and we know it, but we're not telling you which ones. When the shit hits the fan and you start pointing out that pieces of this agreement were illegal, we reserve the right to ditch them and hold you to the rest."

      --
      🌻🌻 [google.com]

  • (Score: -1, Troll) by Ethanol-fueled on Saturday March 24 2018, @05:13AM

    by Ethanol-fueled (2792) on Saturday March 24 2018, @05:13AM (#657378) Homepage

    Yeah, good point. Guess we'd better leverage the fact that no juniors are gonna get hired anytime soon while Visa hires are going to steal American jobs. Americans don't like that.