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  1. #14
    Join Date
    Sep 2011
    Location
    Maryland
    Posts
    38
    I employ 7 people and I can tell you that will not hold up in a court of law. Ever. They have a right to protect themselves from you leaving and starting your own business and then taking their customers but then they would need those customers to testify on their behalf. You would have to cause serious damage to a company for them to bother going after you.

  2. #15
    Join Date
    Jun 2013
    Location
    Kansas city
    Posts
    31
    I saw it happen 1 guy left and started stealing customers when he opened his own shop. Not a good thing but his old boss tried to sue for the noncompete. got real ugly the old boss spent lots of money on it and several of his other tech left as it made him look petty. Both old boss and new guy were out of business in 2 years my guess the lawyers got it all. So it may not be legal but it will cost you to prove it.

  3. #16
    Join Date
    Jun 2013
    Location
    Yakima, WA
    Posts
    101
    It seems to me that the object of the game is the next paycheck, and if I have to sign an insignificant scare tactic to get at it, I probably would. If circumstances suddenly changed for whatever reason, the object of the game remains the same, and at that time I would do WHATEVER is necessary to keep winning. All the new licensing and certification requirements were, at their time of significance, just the next hurdle in the game. I see this as that. But that is my opinion, and I am not in your shoes. These rules were created by people who run their world from behind a desk. What goes on in the field is completely up to us. We are the geese that crap the golden turds.

    I'm just sayin'.

  4. #17
    Join Date
    Oct 2013
    Location
    Moncton,NB,Canada
    Posts
    51
    Quote Originally Posted by BadBozo2315 View Post
    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]
    Not a chance!!

  5. #18
    Join Date
    Dec 2005
    Location
    Cleveland, OH
    Posts
    2,453
    A friend of mine signed a very similar agreement when he came to work at a supply house I was also working at. After two years he quit when he received a very lucrative offer to go work for a manufacturer's rep. Supply house tried to enforce the non-compete and was told that it wasn't legal because it was so broadly worded that it would've prevented him from doing any HVAC job anywhere for two years. They lost. He didn't even poach customers, but left on bad terms and they were petty. I have been presented these before and flatly refused to sign. One boss threatened to fire me if I didn't, I told him to piss off and he dropped it (I later quit as I was upset with the increasingly greedy nature of the company).


    Sent from my iPad using Tapatalk
    Good? Bad? I'm the guy with the gun.

  6. #19
    Join Date
    Aug 2007
    Location
    Winter Haven, FL
    Posts
    4,380
    Just signt it "John Doe under duress"

    That will be an automatic invalidation in court

  7. #20
    Join Date
    Feb 2008
    Location
    Altmar, New York, United States
    Posts
    4,825
    don't sign it. if they ask about it tell them you are having your attorney look at it. I would most definitely get a legal opinion before I signed it. 20 years ago it would not be an issue, but now a day It's hard to trust people. who knows, they may forget about it anyway.

  8. #21
    Join Date
    May 2007
    Posts
    735
    What I have done is mark through the parts I'm not willing to abide by, or make changes, initial everywhere there's a change, and get my boss to initial it.

  9. #22
    Join Date
    Aug 2007
    Location
    Winter Haven, FL
    Posts
    4,380
    My company will not hire you if you have a non compete with another company.

  10. #23
    Join Date
    Aug 2007
    Location
    Winter Haven, FL
    Posts
    4,380
    I know the State of California struck these down for tradesman and others alike. White collar positions still apply.

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