How common are NCA's?

From: John Starta (johnat_private)
Date: Sat Aug 04 2001 - 10:57:33 PDT

  • Next message: Richard Forno: "Re: How common are NCA's?"

    I have been offered a position with a professional service company that is 
    asking that I sign a non-compete agreement. Having spent the majority of my 
    career in large enterprise environments non-compete agreements are new to 
    me. This particular agreement seems particularly restrictive ... to the 
    point that I wonder whether I could legally find employment should we ever 
    part ways. I have included a couple excerpts below for reference. Is this a 
    common place in the professional services arena?
    
    jas
    
    >1. For a period of one (1) year commencing with the termination, for 
    >whatever reason, of my employment with the Company, Employee will not 
    >solicit, assist in the solicitation or accept professional services 
    >similar to those provided by the Company from a business entity for whom 
    >either the Company or Employee has performed services within the last year 
    >of Employee's employment with the Company.  If, within one year commencing 
    >with the termination of Employee's employment of the company, Employee 
    >does solicit, assist in the solicitation or accept professional services 
    >similar to those provided by the Company with a business entity with whom 
    >either the Company or the Employee has performed professional services 
    >within the last year, employee agrees to compensate the Company, 50% of 
    >the revenue generated from that business entity for a period of one year, 
    >based on customer invoices.   Payment of this amount will be due to the 
    >Company on a monthly basis 30 days after Consulting services are rendered.
    >
    >2.  Further, Employee agrees that during the period of Employee's 
    >employment and for one (1) year after termination of employment, for 
    >whatever reason, Employee will not solicit and/or assist in the 
    >solicitation of any employees of the Company to leave the Company's 
    >employ.    If Employee does solicit employees of the Company during 
    >Employee's period of employment or one year thereafter, Employee agrees to 
    >compensate the Company $50,000 to help offset costs to replace 
    >employee.  Payment in full is due within three months of hiring solicited 
    >employee.
    



    This archive was generated by hypermail 2b30 : Sun Aug 05 2001 - 10:19:42 PDT