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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