Non Compete agreement/ loyalty agreements

[BerserkerCatSplat]

Legalities aside, I think we can all agree that including a 3-year NCA as part of a three week severance package is a fucking dick move.

[88CRX]

Originally posted by BerserkerCatSplat
Legalities aside, I think we can all agree that including a 3-year NCA as part of a three week severance package is a fucking dick move.

No kidding. Work for a company for 3 years and receive only 3 weeks severance and a 3 year NCA when you get punted. Damn.

What are you options for not signing it? Not receive your 3 weeks severance pay? You don't want me to work with/for a competitor for 3 years then pay me to sit on my ass for the next 3 years.

[ExtraSlow]

Once you've been unemployed for at least 3 weeks, I'd say giv'er and let them take you to court. I'm not a lawyer, but I'm pretty sure that agreement is unenforceable, and "unreasonably punitive".

If you do happen to have any communication with your former employer, I'd use that phrase exactly. "unreasonably punitive". Sounds lawyer-ly.

Pretty sure the courts don't want anyone to be rendered unemployable by these non-compete agreements. So if you can't get work elsewhere, you can work at a competitor.

***I am not a lawyer***

[pheoxs]

Originally posted by 88CRX


No kidding. Work for a company for 3 years and receive only 3 weeks severance and a 3 year NCA when you get punted. Damn.

What are you options for not signing it? Not receive your 3 weeks severance pay? You don't want me to work with/for a competitor for 3 years then pay me to sit on my ass for the next 3 years.

He signed th NCA when he started work per his original post. The severance package had a portion that he agrees to abide by that.

[phreezee]

I always thought NCAs were basically worthless as you can plead ignorance to all the legal mumbo jumbo and any good lawyer can get you out of.

I once worked for a company that required you to go to a lawyer, have them explain it to you and then witness you sign it. If my thinking was wrong, they would have never went to those lengths.

Wipe your ass with it and be done with it, nobody has the right to deny you work IMO.
*** I'm not a lawyer either *****

[blubs]

Funny enough I was just reading about this while studying for my NPPE exam.


Right in the notes "A common example of contraction without lawfulness is a non-compete employment contract. An engineer or geoscientist is often asked to sign an non-compete agreement in which they will not compete with a former employer for a period of time. It is unlawful to restrict a persons ability to earn a living and these contracts are rarely enforced unless very reasonable "

Again there is bit in here that talk about you can't go after the same projects as your previous employer, or use any "trade secrets" but the idea that you can stop someone from getting a job in their field? Not going to hold up.

[outrageousrich]

Yes,
I got hosed, I think they took advantage of my position, my manager understood the position I was in and was also responsible for shipping out the separation agreement, I think he purposely delayed this so I couldn't make an informed decision and probably banking on my signing ASAP. In the agreement it says, if the agreement is not sign before X date, I would lose some sort of monies and benefits.

Lesson learned, should have gotten an employment lawyer and tried to get an agreement that was at least beneficial to me. The agreement was definitely one sided.

[GTS4tw]

What an entitled world we live in. Read your fucking contract, if you don't like it, don't sign it, if you sign it....have some fucking honor. This world is full of fucking losers. I am shocked that this thread got the responses it did. I thought my first response was way way too PC and nice.

[flipstah]

Why did you sign something that you didn't read? 4 days is enough.

[Type_S1]

Originally posted by GTS4tw
What an entitled world we live in. Read your fucking contract, if you don't like it, don't sign it, if you sign it....have some fucking honor. This world is full of fucking losers. I am shocked that this thread got the responses it did. I thought my first response was way way too PC and nice.

The responses in this thread are discussed the legalities of non-compete clauses and the fact that they are rarely enforced. Its quite entitled and ridiculous that you feel you should be abke to respond as stupidly as you did when you have no idea of the legalities behind it or the fact that there are certain jobs that you cannot obtain from any company if you do not sign a non-compete. Educated people sign them everyday knowing they wont hold up.

Nobody is arguing that the OP was not lazy as hell to not read the agreement. A lack or attention to detail on a document of outstanding importance such as an employment or termination contract would be reason enough for me to let go of someone....

[GTS4tw]

Originally posted by Type_S1


The responses in this thread are discussed the legalities of non-compete clauses and the fact that they are rarely enforced. Its quite entitled and ridiculous that you feel you should be abke to respond as stupidly as you did when you have no idea of the legalities behind it or the fact that there are certain jobs that you cannot obtain from any company if you do not sign a non-compete. Educated people sign them everyday knowing they wont hold up.

Nobody is arguing that the OP was not lazy as hell to not read the agreement. A lack or attention to detail on a document of outstanding importance such as an employment or termination contract would be reason enough for me to let go of someone....

I have a job where I signed a non-compete. I believe in standing by what you say, it is called honor.

[sabad66]

Originally posted by GTS4tw


I have a job where I signed a non-compete. I believe in standing by what you say, it is called honor.

[frizzlefry]

Originally posted by GTS4tw


I have a job where I signed a non-compete. I believe in standing by what you say, it is called honor.

Well, honor is well and good. I am fiercely loyal to my employer while they pay me. I don't shop around and have refused job offers. The minute they are not loyal to me, I see no need to be loyal to them.

Loyalty doesn't put food on the table if you get let go.

I'm all for nailing people who violate an IP agreement. Steal secrets and such. Crucify them. But non-competes are a cheap way to try and screw the competition and the employee in the process.

Say you get laid off and signed a non-compete for a tight industry, like oilfield work in AB. Everyone knows everyone. You get your EI checks and the government wants proof you are looking for employment as a condition. Tell them you can't because you signed a non-compete and everyone competes against everyone so you can't apply for any work in your field.

The government will laugh their asses of and refuse your EI.

Ignore it. No business can limit the employment opportunities of another IMO. It's unlawful.

*I am not a lawyer*

[codetrap]

.

[Type_S1]

Originally posted by GTS4tw


I have a job where I signed a non-compete. I believe in standing by what you say, it is called honor.

What is the job role now? I ask because it will be easy to tell if a non-compete will hold up.

On a side note, I thought you used to own a painting company?

[sexualbanana]

Originally posted by GTS4tw


I have a job where I signed a non-compete. I believe in standing by what you say, it is called honor.

It's an easy statement to say when you're employed, but I'd like to see what your tune is if you were ever on the receiving end of a pink slip?

Also when you're talking about honor, you'd be surprised the kind of things companies think they can get away with when it comes to terminations.

[JustinL]

What about if a contract said no compete within a radius of any franchise for some number of years, so the individual sets up a new shop outside that radius and then the original company moves in. It would seem like getting an injunction against the individual who set up first would be unreasonable.

[Robin Goodfellow]

Originally posted by outrageousrich
Hi all,
I recently got laid off in February. My employers sent me a separation package, I did not get a lot of time to read all the details as they gave 4 days, which included the weekend, to sign this document. A copy of the agreement was never given to me as well. Recently, I requested for a copy of the separation document and read it thoroughly. I discovered that I am to abide to a non complete agreement, which I signed when I started with the company. The non complete agreement is for 3 years from they day I got laid off.
Unfortunately, I signed this agreement without consulting a lawyer because I was in no position to do so.

Been there, done that, and hired the lawyer. TLDR: Such non-competes are unenforceable, and wouldn't stand up to legal scrutiny.

[g-m]

Originally posted by GTS4tw


I have a job where I signed a non-compete. I believe in standing by what you say, it is called honor.

hahahahahahahahahaha

Ahhhh

Hahahahahahahahahahahahahahahahahahahaha

[Lex350]

Originally posted by sabad66
^ no need to be a dick about it man.

But back to the OP, I have heard these types of non compete agreements don't hold up in court. I would definitely talk to a lawyer about it

I've challenged a non compete twice. Both times it came down to whether or not I could, make a living by not taking a job with a competitor. It helps that Alberta doesn't look kindly on these agreements.