Re: How common are NCA's?

From: Geoff Joy (geoffat_private)
Date: Sun Aug 05 2001 - 13:47:35 PDT

  • Next message: Andy Ng: "RE: How common are NCA's?"

    On Sat, 04 Aug 2001 10:57:33 -0700, John Starta <johnat_private> wrote:
    
    >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?
    >
    
    I don't know how common non-compete agreements are in the industry but you
    should seek legal advice before you sign.  Non-competes are generally
    unenforceable if you are asked to sign them after employment.
    
    Non-compete agreements may be unenforceable or illegal in some states.
    
    Here are some quick references I found on a search.
    
    http://www.smartagreements.com/cgi-local/SoftCart.exe/per/lp04.htm?E+scstore
    
    http://www.cftech.com/BrainBank/BUSINESSLAW/NonComp.html
    
    http://www.breakyournoncompete.com dig into this one.  The commercial nature
    of the site makes it seem a bit shallow, but they have some good free
    information if you take the time to drill down.
    
    Depending on the standing of the employer within the radius described in the
    non-compete, it could be deemed "monopolistic", but I don't know if this is
    a valid defense.  As above, consult a lawyer.
    
    G
    -- 
      No one's life, liberty or property is safe while
      the legislature is in session. (Mark Twain)
    



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