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  1. #14
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    Thread Starter
    Hey everyone, thanks for the responses.

    I went over the agreement with our COO, and it was saying that I cannot work in, specifically, building automation controls development situations. I am still allowed to work in building automation installation and servicing, which is probably what I would do if I left here. I signed it and am happy with my choice. Thanks again for all of the responses.

  2. #15
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    if you went to a new company and did not tell any one how would they find out any how?

  3. #16
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    Sep 2002
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    I am not the OP - but I think the non-compete clause is focussed on the signer's personal actions in business. That is; against him working intimately within one company, and presumably learning the 'nuts & bolts' / inner workings of it's business, and then starting a competing company of his own. Perhaps hiring away employees and / or soliciting work for the new company from the previous company's client list.

    PHM
    -------


    Quote Originally Posted by pctech View Post
    if you went to a new company and did not tell any one how would they find out any how?
    PHM
    --------
    The conventional view serves to protect us from the painful job of thinking.

  4. #17
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    Aug 2014
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    A non compete clause cannot prevent you from creating livable income for yourself, they rarely hold up in court and unless your actions were eggregious against the previous employer you should have no worries.

    Sent from my SM-N910U using Tapatalk

  5. #18
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    Just to be clear, a non compete clause and stealing customers are two completely different things.

    And in California, a non compete clause is illegal. So signing one is not a problem since it is not enforceable.

  6. #19
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    Really?

    So a non-compete agreement would not prohibit the departed employee from directly soliciting customers of his former employer?

    OK; what Would a non-compete agreement prevent?

    PHM
    -------




    Quote Originally Posted by BBeerme View Post
    Just to be clear, a non compete clause and stealing customers are two completely different things.

    And in California, a non compete clause is illegal. So signing one is not a problem since it is not enforceable.
    PHM
    --------
    The conventional view serves to protect us from the painful job of thinking.

  7. #20
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    A non compete clause would (theoretically) prevent someone from working in the same trade.

    Whereas a customer list can be considered proprietary company information and is therefore protected by law.

    EDIT:
    But, for what it is worth, in California, for a customer list to be considered proprietary information, it must be put in writing.


    Quote Originally Posted by Poodle Head Mikey View Post
    Really?

    So a non-compete agreement would not prohibit the departed employee from directly soliciting customers of his former employer?

    OK; what Would a non-compete agreement prevent?

    PHM
    -------

  8. #21
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    Like the others, I am not a lawyer. As I understand no complete clauses are not valid if only one party benefits from it. Both parties must benefit from the agreement for it to be enforceable.

  9. #22
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    It's probably state by state. I had a buddy who wanted to strike out on his own and asked me about it. So I looked into it and boned up on it. And everything I read was very diligent in saying that it was for California only.


    Quote Originally Posted by ncboston View Post
    Like the others, I am not a lawyer. As I understand no complete clauses are not valid if only one party benefits from it. Both parties must benefit from the agreement for it to be enforceable.

  10. #23
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    I picked up a certificate in operations management a couple of years ago. Part of the process involved business law. Probably the best advice for the OP is to speak to a lawyer and find out exactly how signing the contract would affect him.

  11. #24
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    Ok, here is the legal scoop on non-compete clauses Nationwide. We require them for our senior management folks and they are the industry standard for upper level management where intellectual property, patents, financial disclosures, etc... are at risk.

    Non-compete clauses are legal in all 50 states, but under differing rules specific to that jurisdiction. There are state statutes that apply and there are federal statutes that apply. I will try and explain with a broad scope to focus on the stuff that is similar state to state.

    First, hourly employees cannot be bound to a non-compete clause for customer base or employees regardless of the geographical regions listed in the clause. There is no legal precedence and they have been shot down in court so much that no business lawyer in the country would try to enforce one. Non-compete clauses are often forced on hourly employees by employers that do too many Google searches for their legal advice instead of retaining a competent business attorney.

    Second, what the OP mentioned in a later post regarded controls system design. Most control system platforms are protected under proprietary information laws. This is similar to the financial, patent, or other information that I listed earlier under senior management rules. So while the OP is an hourly employee, he may have special access to the proprietary information related to the software or hardware. This is protected under Federal Statute.

    Third, senior management at large companies that have access to financial disclosures, proprietary design information and the like can be limited in the scope of their future employment for a period of no more than 36 months. This is to protect the company's investment in both the information and the employee.

    It gets really complicated from here and I won't go into it. But.....They are legal. They can be enforced. But only for certain information and only in very specific parameters.

    As an example. Say you are a programmer for a major IT company. During your employment, you had access to the source code for that company's major product. A year later, you are offered a job by a competitor. How does Company A prevent it's source code from being obtained by Company B? A binding NCC with it's programmers.

    The same example exists for accountant, engineers, Executive VPs and the like.

    I am not a lawyer, but we have a firm on retainer for things like this, as we have NCC's in place for some of our top of the ladder employees.

  12. Likes ncboston liked this post.
  13. #25
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    no because say i am you're service tech for years and you like the work i do for you.
    and i leave the company i was at and you call me and say i need this fixed can you do it i would say sure but i am not working for x company any more i work for my self or a new company .
    and you say well i want to keep you i like you're work
    no paper work in the world can stop YOU the client from asking me to still do you're service work as YOU chose me.
    i didn't say well mike you have to chose me i am the best etc.
    i am sure you get the idea.

  14. #26
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    May 2006
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    but can you legally force them to sign it ?
    for my self it's not legal for them to make me sign one i would never sign it.
    but i work for my self for that reason.
    i go where i want do what i want work for who i want
    and if i screw something up only person to blame is ME

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