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Non-Compete Agreement Question



rbr_google2@ghostburn.com (SprintAtBettyRussells)
1/30/2004 11:34:52 AM


I'm seeking some insight on a non-compete agreement that I've been
asked to sign after 4-days of full-time employment (I worked 6 months
as a temp before that). I haven't signed it because I felt the
non-comepete was too broad.
I realize that even if something were to happen, the non-compete
"might" get thrown out in court, but I really don't even want to
assume that legal risk in the first place because the job isn't worth
it.
I'm actually finding it difficult to justify the cost of a lawyer.
This is the first time I've come across a non-compete in my area of
computer programming (service-based as opposed to product based where
the non-compete makes more sense). None of my peers at other
companies have had to sign one.
And now this company is pressing me to sign by the end of the week,
and I can't even find an employment/labor attorney to even return my
calls by the end of the week (the weather has really compressed
everyone's workloads). What is a reasonable amount of time to give an
employee who wishes to have his non-compete reviewed by an
attorney...3 days seems too short to me.
I am really tempted to wave good-bye, not sign it, and look for
another job. I think the fact that I am in this situation means there
are some red-flags about this company in general. They do have a
known retention problem.
Has anybody been in a similar situation? If anyone on this NG is a
employment/labor attorney...I'd be interested in talking with you.
Thanks for any help.
 
 
"Stuart O. Bronstein"
2/2/2004 8:41:47 AM


[posted and mailed]
rbr_google2@ghostburn.com (SprintAtBettyRussells) wrote:
I'm seeking some insight on a non-compete agreement that I've
been asked to sign after 4-days of full-time employment (I
worked 6 months as a temp before that). I haven't signed it
because I felt the non-comepete was too broad.
The validity of non-competes varies greatly by state. In some
states they're legitimate if "reasonable." In California they're
generally not enforceable at all except under very limited
circumstances.
You really need to talk to a local lawyer who knows about these
kinds of things.
On the other hand, even if it's not enforceable you may not want to
work for a company that makes these kinds of demands on you.
In any case, remember that if you quit you won't qualify for
unemployment insurance.
Stu
 
 
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