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This Aint Packers Talk v69


CWood21

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9 hours ago, MaximusGluteus said:

 

10 hours ago, AlexGreen#20 said:

For the most part, non compete agreements are entirely unenforcable. Even if you work for someone who is willing to try and litigate it, the courts don't have much interest in enforcing them. Also there are almost 0 companies and very few individual company owners who actually want to litigate it. Most of the time, the attorney talks the guy out of it even if he wants to.

There are some versions of a non compete agreement that are more enforcable, but those are typically a listing of competing companies and not just the standard boiler plate of "you can't work in the industry".

Interesting.  It just seems really shady to try to make somebody sign one, especially one that basically says you can't work in your industry in any capacity in the United States for 1 year after you leave.  It even says that if they decide to come after me that I have to pay their attorney fees.  It just seems like a huge red flag, which is a shame, because the company seems alright otherwise, although I suppose they all do until you get in and it's nothing but childish office politics.

The concept of the non compete is valid in the courts eyes for many companies/industries and are completely enforceable IF it is drafted correctly. As stated most boilerplate ones are not as they are not tailored enough to the industry or the industry/job is not unique enough to warrant the boilerplate language. However, a lot of companies use and enforce non competes. There are several key factors that go into a non compete, but the job function and duration will be the biggest factors. One year within the industry is a gray area, the industry could very well support a one year non compete to protect its business interests. Geography will also play a role, if the company is limited to State A and has not business relation or prospective relations with other geographical areas then restricting to the entire US or World Wide also would be unreasonable.

Biggest thing is the second bolded, most companies do not want to litigate these unless you are a high profile person within the company and go to a direct competitor and essentially steal business away, otherwise companies dont want to litigate because of the cost and they look like jerks explaining to a court they have to restrict your ability to earn a living because of XYZ. 

Having to pay attorney fees is common place in agreements especially this situation because here you signed the agreement with the non compete in it and then if they decide to come after you, you knowingly violated the agreement and so they are going to ask for fees, but that can be easily argued out, in fact if you would litigate and prove the non compete is unconscionable then you could actually get your attorney fees paid for!

This day and age most people do not worry about them unless its a very very niche industry and a very specific job role.  

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