Re: How common are NCA's?

From: Joseph Patrick Schorr, CISSP (jpschorrat_private)
Date: Wed Aug 08 2001 - 12:18:06 PDT

  • Next message: C-Naptik Phire: "Seeking INFOSEC or WAN Admin positions in Continental Europe."

    -----BEGIN PGP SIGNED MESSAGE-----
    Hash: SHA1
    
    Actually, I have had to pay back training costs - specifically some
    MS Exchange training as well as the costs of my MCSE tests. A good
    friend of mine tried to fight this in a Florida court and lost about
    $12,000.  He had the costs of a CCIE boot camp and the costs of his
    first two tries at the lab, plus travel expenses.  Its pretty easy to
    quantify.  Almost all the companies I've worked for - whether local,
    international, enterprise or consulting, have had these agreements.
    
    Best regards,
    Joe
    
    
    - ----- Original Message ----- 
    From: "Anthony Teelucksingh" <tony2at_private>
    To: <securityjobsat_private>
    Sent: Tuesday, August 07, 2001 7:50 PM
    Subject: Re: How common are NCA's?
    
    
    > In my view, this type of restriction is the easiest non-compete to
    > defeat. Generally, you can't prevent someone from walking out the
    > door and working for a competitor simply because they're good at
    > it.  The reasons should be related to some trade secret,
    > confidential or proprietary information that belongs to the
    > employer which was used in the employee's training and would likely
    > be used in the employee's new position.  Generic training about
    > common knowledge (in the industry) design won't cut it.
    > 
    > I might add that I've never heard of an employer recovering
    > "training costs" from an employee that either quit or was fired. 
    > How do you quantify that? Second, if an employer is entitled to the
    > training costs from a failed employment situation, is the employee
    > entitled to compensation for the months and perhaps years of
    > his/her life spent with a dead end job?  
    > 
    > I'm curious to know if your agreements have ever been tested in
    > court.  
    > 
    > ----- Original Message -----
    > From: "Martin Dion" <martin.dionat_private>
    > To: "'John Starta'" <johnat_private>;
    > <securityjobsat_private> Sent: Sunday, August 05, 2001 8:55
    > PM
    > Subject: RE: How common are NCA's?
    > 
    > 
    > > Good evening,
    > >
    > > As an employer in that particular niche, I also do ask employee
    > > to sign those NCA clause.  The most important thing with NCA is
    > > the definition of the domain where the consultancy firm evolve
    > > and in which context you will be providing services to this firm
    > > so the protected area of business is clear to everybody.
    > >
    > > For example, if I train a guy on firewalls, I found it normal
    > > that for a formal period of one year he wont be able to work for
    > > one of my 
    > competitor,
    > > but I wont block him to work for a university as a firewall
    > > administrator. Another clause will protect me for the cost that
    > > came from that training. 
    > >
    > 
    > 
    
    -----BEGIN PGP SIGNATURE-----
    Version: PGPfreeware 7.0.3 for non-commercial use <http://www.pgp.com>
    
    iQA/AwUBO3GQa+yvu0J+uFErEQLoRQCfRL5fUQSVKYOfzOR5wQeKyvOQc7oAn2zi
    TC6DoDjA27LPn50zoDWWZqau
    =Vwpc
    -----END PGP SIGNATURE-----
    



    This archive was generated by hypermail 2b30 : Thu Aug 09 2001 - 15:47:30 PDT