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  1. #1
    Join Date
    Jun 2013
    Location
    South East US
    Posts
    95

    Non-Compete / Non Disclosure agreements in our industry?

    We just got handed an "upgrade" to our company non-compete agreement. [sigh] More onerous than the previous not-too-bad one they've had for years.

    What's bothering me is the stipulation that if we part ways, I can no longer work in the *state(s)* that were in our territory (we're near a border between 2 states), for a competitor, or for myself, for a year, doing what I do now- repair commercial kitchen equipment.

    There's more, of course, like 5 pages of legal crap, but, sheesh.

    Is this normal for our industry? Care to share what you've sighned?

    Thanks...

  2. #2
    Join Date
    May 2013
    Location
    near knoxville tenessee
    Posts
    175
    i live in a right to work state so the non compete doesnt hold up. Even in your state i wouldn't see how they could deprive you of your livelihood. i would be willing to bet it wouldnt hold up. Also why would they even pursue you unless you tried to steal customers.
    I know everything about HVAC/R until i go to the next call.

  3. #3
    Join Date
    Dec 2010
    Location
    Down by the river
    Posts
    1,664
    That a little outrageous. We had to sign one saying I would not take a customer from them until a year has passed. Or I may not leave and go to work for a customer ie. Leave and get highered by the school system to now take care of the chiller plants...which would cause them to loose the contract.


    There is no way in hell I would sign what you describe. Basically if you part way s you must seek another career or get sued.

    If they threaten you with...you will not progress be it pay or rank for refusal to sign, you can always plea you signed in an act of duress.

    Get a lawyer to look it over.

  4. #4
    Join Date
    Aug 2009
    Location
    Maine
    Posts
    3,312
    Shouldn't be a problem as long as they continue to pay you, OR perhaps pay to relocate you to a place where you can support yourself. Is that BS even legal? Why not ask the state attorney general.

    Quote Originally Posted by BadBozo2315 View Post
    We just got handed an "upgrade" to our company non-compete agreement. [sigh] More onerous than the previous not-too-bad one they've had for years.

    What's bothering me is the stipulation that if we part ways, I can no longer work in the *state(s)* that were in our territory (we're near a border between 2 states), for a competitor, or for myself, for a year, doing what I do now- repair commercial kitchen equipment.

    There's more, of course, like 5 pages of legal crap, but, sheesh.

    Is this normal for our industry? Care to share what you've sighned?

    Thanks...

  5. #5
    Join Date
    Jun 2013
    Location
    South East US
    Posts
    95
    Quote Originally Posted by johnqpublic View Post
    i live in a right to work state so the non compete doesnt hold up. Even in your state i wouldn't see how they could deprive you of your livelihood. i would be willing to bet it wouldnt hold up. Also why would they even pursue you unless you tried to steal customers.
    I am not a lawyer, of course, but doesn't right to work mean you don't have to join a/the union to be able to work in a union shop? Many decades ago I worked in a CT wire mfg shop, where the IBEW was established. You *had* to join the union to work at the plant.

  6. #6
    Join Date
    Oct 2010
    Location
    Anderson, South Carolina, United States
    Posts
    7,031
    I'd tell them to shove it up there ass, really I'd have a lawyer look at it before I put my signature on that.

  7. #7
    Join Date
    Jul 2002
    Location
    SE Texas
    Posts
    441
    As mentioned, I find it hard to believe they could prevent you from working in your trade.
    With your chrome heart shining in the sun, long may you run.

  8. #8
    Join Date
    Jul 2000
    Location
    Northern Wisconsin
    Posts
    2,011
    Did they include in the agreement (threats) references to any laws you would be breaking by not abiding by the agreement? Or is this simply the company getting you to sign something that is designed to make lawyers rich?
    Use the biggest hammer you like, pounding a square peg into a round hole does not equal a proper fit.

  9. #9
    Join Date
    Jun 2013
    Location
    South East US
    Posts
    95
    Quote Originally Posted by firecontrol View Post
    Did they include in the agreement (threats) references to any laws you would be breaking by not abiding by the agreement? Or is this simply the company getting you to sign something that is designed to make lawyers rich?
    No call out of any specific law, or even vague law, just lots of "Employee agrees that..." blah blah blah.

  10. #10
    Join Date
    Jun 2013
    Location
    South East US
    Posts
    95
    Here's the lines that give me pause:

    [...] Also, for a period of 1 year following termination for any reason, [...] not engage in any services that are competative with [BigNameCo] on behalf of [any other business] in the following territories: 1) Any state in the United States in which Employee performed work for or on behalf of [BigNameCo], or provided products or services at anytime during the preceeding 6 months [...].

    That line would stop me from working in 2 or 3 states, right now, as far as I can tell.

    There are 6 pages of this crap. [sigh]

  11. #11
    Join Date
    Jun 2001
    Location
    ohio
    Posts
    69
    I've had this happen to me also. I signed the form but crossed out anything I didn't like. For instance, I think one line read something like " cannot work for a competitor with in a sixty mile radius" or something stupid like that. I just crossed it out on the form along with a couple of other things. I made a comment to a manager that "you can't stop me from making a living". They accepted it and I never heard anything else about it. It seems to me that if your talking about company secrets or things like that, you might have to worry other than that I wouldn't worry about it.

  12. #12
    Join Date
    Jul 2011
    Location
    Tallahassee, Florida, United States
    Posts
    61
    I have signed a few of them, but since florida is a right to work state it was moot.

  13. #13
    Join Date
    Jun 2013
    Location
    South East US
    Posts
    95
    Again, from what research I've done, a "Right To Work" state merely refers to the right to work without having to join a union that some employees have joined at the site. It has nothing to do with us being able to work where we want. I'd love to hear a labor lawyer tell me otherwise.

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