RE: How common are NCA's?

From: Andy Ng (kryptorat_private)
Date: Sun Aug 05 2001 - 18:15:21 PDT

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    It is best to check if it is different projects or every project. No
    organisation would stick to just one professional service company.
    
    I am working for a French Smartcard Company here in Singapore and the would
    pay me a year's salary (if I have an offer from a competitor) to stay away
    from the competitor. However, my contract also says that it is up to the
    company to decide to pay or not.
    
    As for solicitation of employees, I think this is very difficult to enforce
    especially if the employees apply for the job themselves, get what I mean
    8 )
    
    Kryptor
    
    -----Original Message-----
    From: John Starta [mailto:johnat_private]
    Sent: Sunday, August 05, 2001 1:58 AM
    To: securityjobsat_private
    Subject: 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.
    



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