Re: How common are NCA's?

From: Richard Forno (rfornoat_private)
Date: Sun Aug 05 2001 - 06:38:06 PDT

  • Next message: Geoff Joy: "Re: How common are NCA's?"

    IANAL, and from what I've seen, NCAs are a very grey area legally........
    take my comments as you will....but I've been exactly where you are now!
    
    Be VERY careful - if you are working for a consultancy like
    PriceWaterCoopers, Booz-Allen, etc, they are quite diversified in what they
    provide as professional services.
    
    Consider this scenario.
    
    Company X - a diversified profesisonal services firm where you are being
    hired as an INFOSEC person.
    
    Company Y - a company you're working a job for as a Company X INFOSEC
    consultant.
    
    Company Z - a totally-different company that uses Company X's tax auditors
    to manage its books
    
    Let's say you quit Company X to become a CPA or technical writer....a major
    career change. Company Z picks you up as a staff accountant and your job has
    nothing to do with INFOSEC. As your NCA currently reads, Company X could try
    and enforce their NCA on the grounds that they provide accounting services
    as part of their business offerings, regardless of whether or not they
    actually provide such services to Company Z, your current employer.
    
    Consider also that if you change jobs, you should not be forced to ask in
    your interview whether or not your previous employer is in any way, shape,
    form, or function doing any sort of work for any business unit anywhere in
    the company anywhere in the world......that's a ludicrous situation to place
    you in, and an unfair burden on the employee.
    
    I strongly suggest you have them work the NCA to say you won't compete
    with/for clients or business opportunities in the same professional field
    (eg, INFOSEC) that you're being hired for.
    
    The non-solicit-of-our-employees is fairly common, and I don't see a problem
    with that.
    
    You should also see what type of control or ownership this company is trying
    to exert over your work - eg, if you are an INFOSEC consultant, but own a
    small web hosting firm in your basement, or develop a new Chia Pet, write a
    novel,  etc, is the company trying to claim ownership over what you may work
    on during non-work hours even when there's no relationship, reference, or
    corollation to your employer?  My belief is that an employer should only be
    concerned about what you do outside of working hours that is in DIRECT
    RELATIONSHIP to what you're being hired for.
    
    I've turned down many offers from PS firms after going through their fine
    print in NDA and NCAs.....many times it's like joining the Borg or
    FBI....once they get you, they REALLY own you!
    
    Just my two cents on a blah Sunday....
    
    
    rf
    



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