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Forum
-> Working Women
amother
OP
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Thu, Apr 22 2021, 6:31 pm
I was offered a job with a very complex contract. One of the clauses says that they can terminate employment at any time with 2 weeks notice and I would not be able to work in the field on my own or for anyone else for 2 years. Is this normal? It's the only thing I know how to do. What am I supposed to do for 2 years? I'm too nervous to take the job. What would you do? And is this a standard practice? It's for a frum business.
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Hashem_Yaazor
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Thu, Apr 22 2021, 6:36 pm
Worth it to have a lawyer go over it, but from what I understand non-compete clauses are rarely enforceable.
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rydys
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Thu, Apr 22 2021, 6:39 pm
Non-compete clauses are common in many professions. You should find out what the law is in your area as to how long and for what distance they can enforce it.
As far as not being able to work in your field, that sounds strange to me. A non compete would limit your ability to work for yourself or others within the enforceable area, but not in your field outside of that area.
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amother
Lavender
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Thu, Apr 22 2021, 6:40 pm
amother [ OP ] wrote: | I was offered a job with a very complex contract. One of the clauses says that they can terminate employment at any time with 2 weeks notice and I would not be able to work in the field on my own or for anyone else for 2 years. Is this normal? It's the only thing I know how to do. What am I supposed to do for 2 years? I'm too nervous to take the job. What would you do? And is this a standard practice? It's for a frum business. |
Not normal.
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amother
OP
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Thu, Apr 22 2021, 6:42 pm
rydys wrote: | Non-compete clauses are common in many professions. You should find out what the law is in your area as to how long and for what distance they can enforce it.
As far as not being able to work in your field, that sounds strange to me. A non compete would limit your ability to work for yourself or others within the enforceable area, but not in your field outside of that area. |
They wrote it in a way that is broad and includes everything I do
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cnc
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Thu, Apr 22 2021, 6:44 pm
They usually are not legally binding, but I still wouldn’t fell comfortably working in a place that would make me sign a contract with these terms.
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amother
Lawngreen
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Thu, Apr 22 2021, 6:45 pm
Usually a non-compete is limited to a certain distance or to the clients (ie. Can't take any clients with you) or something like that.
Ask them to be more specific. It's too broad and general.
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amother
Cyan
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Thu, Apr 22 2021, 6:46 pm
I wouldn’t sign it. You can negotiate your contract but if they refuse to take out the crazy stuff then take a different job. I heard a horror story a few years ago concerning a clause like this one.
Definitely read through the contract carefully to see what else they might have stuffed in there.
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amother
Oak
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Thu, Apr 22 2021, 7:35 pm
Interesting.
I had to sign a non compete that I wouldn't work in the line of work of my employer. Makes sense to me because I was new to the industry and on day 1 would have access to a lot of confidential information.
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amother
Ruby
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Thu, Apr 22 2021, 7:39 pm
I would be concerned about the work environment and how they will treat you if they are starting off like that.
Are they menchlich? I would have my antennas up.
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amother
Burgundy
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Thu, Apr 22 2021, 7:43 pm
Employment lawyer here-nothing I say is actual legal advice but yes non-competes are common. In most states they are unenforceable except if you have very specialized information about the company (like if you're a scientist that has a secret formula for a particular drug) or a high-level employee (physician in a practice etc.).
That being said, I would try to get it taken out of your contract. If they do decide to try to enforce it and file a lawsuit, that would be a huge headache for you.
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amother
Royalblue
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Thu, Apr 22 2021, 7:43 pm
amother [ OP ] wrote: | I was offered a job with a very complex contract. One of the clauses says that they can terminate employment at any time with 2 weeks notice and I would not be able to work in the field on my own or for anyone else for 2 years. Is this normal? It's the only thing I know how to do. What am I supposed to do for 2 years? I'm too nervous to take the job. What would you do? And is this a standard practice? It's for a frum business. |
Depends on the field.
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amother
Sapphire
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Thu, Apr 22 2021, 7:45 pm
Really depends
If you get a job at an Amazon seller the non compete can be not selling online.
But If you are a programmer they can’t say you can’t work on computers anymore. But they can say not in the specialized field. Like if you program fighter jets they can say you can’t work in aero dynamic military company for 2 years.
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amother
Ginger
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Thu, Apr 22 2021, 8:39 pm
In. Mi this sounds like a standard contract for SW/counseling job.
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amother
Periwinkle
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Thu, Apr 22 2021, 8:45 pm
I had a job with a contract that reminds me of this. I signed the contract bc I was convinced this was my forever job.
Let’s just say I regret ever signing that contract, which included that I “have” to work there for 3 years and have to work the specific hours I agreed the entire three years with no room for negotiation. My family situation changed drastically but I was locked in and this job which didn’t even pay great took over our lives.
I would just say be careful with the contract. Have a lawyer look at it.
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amother
Honeydew
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Thu, Apr 22 2021, 8:46 pm
I would speak with a lawyer. It may or may not be enforceable, depends where you live and what industry. But my understanding is that they are often not actually enforceable.
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amother
Tan
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Thu, Apr 22 2021, 8:48 pm
amother [ OP ] wrote: | I was offered a job with a very complex contract. One of the clauses says that they can terminate employment at any time with 2 weeks notice and I would not be able to work in the field on my own or for anyone else for 2 years. Is this normal? It's the only thing I know how to do. What am I supposed to do for 2 years? I'm too nervous to take the job. What would you do? And is this a standard practice? It's for a frum business. |
If they didn’t pay for you to learn this specific skill set they have no say as to how long you can’t work in this field after leaving
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amother
OP
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Thu, Apr 22 2021, 9:04 pm
I have the skills and experience already. They say they will do some specific training but the non compete is for the general job so it includes the skills I already have. And it's along the lines of the example above of I can't work on computers. I did speak to an online lawyer who said it's probably not enforceable but they still might try to sue.
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amother
Powderblue
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Thu, Apr 22 2021, 9:32 pm
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amother
Cyan
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Thu, Apr 22 2021, 9:33 pm
Op they sound like a headache already. Be careful.
I did once sign an agreement that I wouldn’t work for a company’s direct competitors for 2 years. But that made sense. They were in a specific niche and if I knew their inside info and went straight to work for someone else in that niche it would be bad for them.
But I wouldn’t sign something this broad.
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