Non compete for 2 years

allthingsblue

Thu, Apr 22 2021, 9:36 pm

amother [ OP ] wrote:

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.

Stay away. Or ask for a new contract without this clause.

amother

Slategray

Thu, Apr 22 2021, 9:39 pm

My husband had this. He was let go and he said there was no way he was going to not work for 2 years in his field. It's the type of field that 2 years away makes him useless. He got a similar job a couple months later. He just hoped the original company never found out. If they did or didn't we never found out, but they never came back to him to complain.

cbsp

Thu, Apr 22 2021, 10:49 pm

There's a lawyer on LinkedIn named Jonathan Pollard (no, not the Jewish one) whose mission in life is to fight against absurd non compete contracts.

The details of the cases he takes on are mind boggling - but many of these companies will definitely try to enforce these contracts.

Please think long and hard before signing - and know that you most definitely can make changes to a contract before signing (obviously the other party would have to agree to the changes)

amother

Blush

Thu, Apr 22 2021, 11:06 pm

amother [ Ginger ] wrote:

In. Mi this sounds like a standard contract for SW/counseling job.

Can you elaborate? What would the clause include?

out-of-towner

Fri, Apr 23 2021, 12:02 am

amother [ Blush ] wrote:

Can you elaborate? What would the clause include?

I believe that I signed something to the effect of that if I would leave or be let go and would take my agency's clients with me they would be able to pursue me in court. But I'm a service coordinator for a home care program, not a counciling center.

amother

Burlywood

Fri, Apr 23 2021, 12:16 am

Re social work specifically it’s actually not enforceable or ethical. In every situation the client has the choice and cts best interests must be the deciding factor- I just dealt with this recently and my very competitive agency was clear that there’s no holding clinicians back from taking their cts with them...

Simple1

Fri, Apr 23 2021, 7:30 am

Doesn't seem reasonable. BUT Is this just a bunch of papers they gave you to sign? Or do they mean the non compete seriously? In other words, will they care if you casually say (or don't say) your skipping that signature?

amother

Emerald

Fri, Apr 23 2021, 8:05 am

I had to sign one for a job I had when I left that job I didn't tell anyone where I went including close friends for a long time I didn't post it on Linkdin and I didn't post it on Facebook even though I worked for a different type of business. I just didn't need any headaches. If you need the job have a lawyer look it over and if you need to leave the job just keep it between you and your family and nobody else. I don't think I would ever sign one again but I think it worked out well for me.

mom!

Fri, Apr 23 2021, 8:43 am

My husband just left a job over this. Please please speak with both a lawyer and a Dayan so you know where you would stand both legally and halachily. It all depends on the wording of the contract.
Hatzlacha!

silverlining3

Fri, Apr 23 2021, 9:10 am

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.

Someone recently showed me such a type of contract and I thought it's ridiculous. She worked for them for a few weeks before her boss handed her the contract to sign. She didn't sign and left the place.

For some reason I have this feeling it's the same place. I might be totally wrong though.

amother

Fri, Apr 23 2021, 9:15 am

Simple1 wrote:

It's a 10 page contract with one signature for the whole thing

amother

Fri, Apr 23 2021, 9:16 am

silverlining3 wrote:

I won't confirm because I can't have it getting back to them, but curious if it is, what city/state and type of place?

silverlining3

Fri, Apr 23 2021, 9:33 am

amother [ OP ] wrote:

I won't confirm because I can't have it getting back to them, but curious if it is, what city/state and type of place?

I see in your latest post you said it's a 10 page long contract, the contract I saw was just 1 page. Probably not the same.

amother

Amethyst

Fri, Apr 23 2021, 10:15 am

There is a company in my city that does this. It’s really not fair to the employees and especially not to the independent contractors who end up working for them. I know there are different companies offering similar services, who don’t insist on a noncompete clause. Maybe see if there’s another company in the same field without such restrictive clauses in their contracts. Hatzlocha, OP.

amother

Vermilion

Fri, Apr 23 2021, 2:02 pm

amother [ OP ] wrote:

It's a 10 page contract with one signature for the whole thing

Well, yes, contracts are usually signed at the end, by both parties.

You need to have an attorney review the agreement, and probably make a counteroffer.

Not legal advice, and not an employment lawyer, but IME some noncompetes are enforcable, but the geographic area and the term have to be reasonable based on the industry. Without knowing your location (including country), your field, and the work you would be performing, its not possible to opine as to its enforceability.

But even if its not enforceable, you'd need to disclose to any future employer, which makes you a lot less marketable.