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I had my ee's sign a basic non-compete, generated from my lawyer. A
couple of points:<br>
- the clause was intended to cover stuff I do internally that is vital
to our business model but not related to their job. By working here
they are going to see some stuff by osmosis - and I've got a fairly
unique business process. I didn't/don't want to train someone on one
aspect of the business and have them leave with my trade secrets and
set up competitive shop.<br>
- my lawyer told me you can't prevent someone from earning a living.
So you can't hire a linux admin and have them sign a non-compete that
says they can't work as a linux admin later. <br>
- I've dropped the non-compete as pointless. As has been noted, you
can substitute decent pay for a noncompete as well. And I'm not sure
how enforceable they really are unless you're working on something
really top secret. And my attitude was, ultimately, I already deal
with competitors, one more or less isn't a big deal.<br>
<br>
g.<br>
<br>
<br>
Chris Irwin wrote:
<blockquote
cite="mid:1c1c13c70912310705s4903a58ex356938a97f36cb5a@mail.gmail.com"
type="cite">
<div class="gmail_quote">On Thu, Dec 31, 2009 at 00:07, Chris Frey <span
dir="ltr"><<a moz-do-not-send="true"
href="mailto:cdfrey@foursquare.net">cdfrey@foursquare.net</a>></span>
wrote:<br>
<blockquote class="gmail_quote"
style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
<div class="im">On Wed, Dec 30, 2009 at 11:27:05PM -0500, Joe
Wennechuk wrote:<br>
><br>
> Does anyone know anything about non-compete agreements? I would
like<br>
> to get some help with a project, and I would like to protect
myself and<br>
> my idea. Is there any forms, or legal software for linux that can
help<br>
> with basic legal documents and such.<br>
<br>
</div>
Well, you did ask on an open source mailing list, so as (the?) resident<br>
contrarian, I'd encourage you to re-think it. Non-compete agreements<br>
are an attempt to use the legal system to defeat capitalism in order<br>
to install a monopoly.<br>
</blockquote>
<div><br>
It depends on the scope of the non-compete. Saying "You can't
administer Linux systems" or "Program in C++" is silly, but if a
company has a niche product and they spend six months or a year
bringing another person in, training them, and teaching them all the
ins-and-outs of dealing with these niche customers, they want some
assurance that they won't be directly competing next week (and
undercutting, with no need to recuperate research costs). Granted a
proper compensation package would solve most issues straight away.<br>
</div>
<div> <br>
</div>
<blockquote class="gmail_quote"
style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">By
the time you release your product, you'll already have an advantage,<br>
and any non-compete agreement would just be unnecessary and unfair<br>
baggage on the people who helped you get there. Better to inspire<br>
loyalty in your employees than tie up their futures with red tape.<br>
<br>
And for anyone about to sign a non-compete agreement, I hope you're
getting<br>
some serious financial consideration for all that time you're agreeing
to sit<br>
on your hands with your newly earned skills.<br>
</blockquote>
<div><br>
A previous place tried to pull the whole "We own everything you do,
even off company hours". Why they wanted to own the designs for the
support guy's new bathroom is anybodys guess. I crossed that section
out, but it seems that voided the offer..<br>
<br>
I am under a non-compete with my current job, but what made me sign and
accept it is that it wasn't over the top. For a period of time
extending six months from the end of my employment I'm not allowed to
compete in the exact niche field of police charge management systems.
All the actual server admin skills that I actually use, Programming
techniques I learn, and doodles I make at lunch are all mine to use as
I please.<br>
<br>
If you do decide to go the non-compete route, make it as specific as
possible. The last thing you need is negative influence from an
employee that had to move away for some reason that suddenly finds they
can't market their skills. It may make it harder for you to find future
replacement employees as well -- I google'd the crap out of all the
companies I was interviewing with, and disgruntled ex-employees were
strong warning signs.<br>
<br>
Also note that Non-competes in some places (like California) are
generally non-enforceable due to those "we own everything" clauses
being challenged, and I could imagine a similar situation here if the
issue was pushed (it may already have been). I'd avoid making it too
grandiose and rigid simply because it will probably be unenforceable if
challenged, thus wasting a lot of time and money (I suppose that makes
non-competes the DRM of the workforce).<br>
</div>
</div>
<br>
-- <br>
Chris Irwin<br>
<<a moz-do-not-send="true" href="mailto:chris@chrisirwin.ca">chris@chrisirwin.ca</a>><br>
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