Re: How common are NCA's?

From: lab.junkie (lab.junkieat_private)
Date: Sun Aug 05 2001 - 17:12:09 PDT

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    I have been a consultant for about eight years now. Both of my last two employers have given me similar agreements. When checking with my Lawyer I was told that in the state I live non-compete agreements are NOT Enforceable IF they restrict one from earning a living.
    If I were you, I would seek this advise from someone who knows the law in your jurisdiction.
    
    See , as low as they are even Lawyers have a place in the food chain.
    (Please , no flames Its only a Lawyers JOKE)
    
    LabJunkie
    
    
    ----- Original Message ----- 
    From: "John Starta" <johnat_private>
    To: <securityjobsat_private>
    Sent: Saturday, August 04, 2001 1:57 PM
    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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