Noncompetition contracts

[Hudson_Hawk]

So, as my earlier thread mentioned, I received a verbal job offer today. YAY! Soon after that call, the hiring manager sent over some paperwork for me to read through and sign. One of the documents was a 3 page Noncompetition contract that I have to sign before they''ll hire me. I of course never sign anything without reading it, and I''m concerned about it. I think it''s a little too broad for comfort and there seems to be a lot of areas "up for iterpretation", but of course whose interpretation is the important point. So anyway, my stepfather is an attorney and he''s going to review it, but is it possible to make changes to the contract in this situation?

For reference, the company I want to work for is a vendor that services some of the imprints within the same parent company as my current employer. They sell services, versus tangible products. I understand that I wouldn''t be able to work for a similar company that offers the same or similar services, but what about if I''m laid off and I want to go back to work for my previous employer or another company in a similar role, but selling a tangible product? Would that be considered a conflict? What if I go back to a similar role to what I am now (a very different role from the new one)? Is any of this making sense?

 

[neatfreak]

I think it''s best to consult a lawyer...sounds complicated because of the potential broad definitions of non-competition in this situation.

I have signed them before, but they were always very clear cut.

 

[Hudson_Hawk]

Thanks, like I said, Step dad is looking it over, I''m just impatient.

 

[kelpie]

Yes it does mean that it would be a breach of contract to go back to your former employer if they are competitors. HOWEVER.... courts almost never enforce noncompetition contracts because they impede an employee''s ability to make a living and the employer generally doesn''t allow you to negotiate changes. It is "take it or leave it" hence courts won''t enforce them and employers don''t take former employees to court because they know the agreement won''t hold water. I wouldn''t worry too much about signing it, but talking to your step dad is a good idea first.

 

[Octavia]

This is not legal advice (and I''m glad you''re getting some from your stepfather!) in any way, but the enforceability of these contracts often depends on whether they are "reasonable" as construed by the court. If the agreement is really broad in scope, it''s less likely to be considered reasonable, but narrow and clearly defined ones are more likely to be enforced. It really depends on your jurisdiction, though, since courts can be all over the place on these types of things.

Depending on how badly the company wants you, pretty much anything could be negotiated before you sign...but it would be good to have the advice of your own attorney if you''re thinking about going head-to-head with the company''s lawyers. Just my humble opinion.

 

[littlelysser]

HH - Without knowing the actual language in the non-compete, I can't really tell you how it would be interpreted by a court. Also, different states will construe non-competes differently.

I have to tell you, I disagree with Kelpie. Even though courts will often construe them narrowly or strike them down entirely if they are unreasonable or overbroad, sometimes they are upheld.

And in the real world the fact that you may ultimately win on the merits won't be much comfort when you've had to spend thousands of dollars fighting a law suit alleging breach of the non-compete.

And I agree with Octavia...that pretty much anything can be negotiated, in terms of the terms of the agreement.

 

[shigidigi]

I have nothing valuable to add because I am completely legaleeze illiterate but I just wanted to say congrats on getting the job offer!!!

I hope your stepdad can come up with some helpful hints on how to respond. Hopefully it will work like any other agreement negotiation- you can make changes and go back and forth with the company until you reach a place where you are both satisfied.

I hate it when companies ask you to sign such agreements like these, I mean- I know why they do it, but in today''s economy when getting a good job has become so difficult you would think that they would think harder before asking people to sign their livelyhoods away!

Congrats again!