Non Compete

Discussion in 'Cardinal Health' started by anonymous, Aug 26, 2015 at 6:53 AM.

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  1. anonymous

    anonymous Guest

    A non compete clause is included in the the compensation contract we sign each year. Since the reps in the medical segment are responsible for hundreds of divergent products, we'll likely compete with Cardinal wherever we go. Does Cardinal enforce the non compete for those who want to get joining a competitor? Can they enforce such a restrictive clause? Truthfully, where could we go where we would not compete with at least one product in our sales bag? I want to get away from this horror show, and I have an offer, but don't want to be sued by these goons. Advice, please.
     

  2. Legal Expert

    Legal Expert Guest

    a couple thoughts: 1) hand your contract over to your new hiring mgr and have your new company's legal counsel take a look at it. Most non-competes have some clause in there that says (I'm paraphrasing), "if you don't want me to go into your accounts and sell against you, you need to pay me in some form." The other "out" you may have is checking with an employment attorney who handles HR issues and more specifically non-competes. Certain states can NOT enforce a non-compete because it's a right to work state so that non-compete would essentially be null and void. Helps this helps.
     
  3. anonymous

    anonymous Guest

    Thx. We have hundreds of diverse products and services in the Medical Rep bag. It is almost impossible to find a company that doesn't have at least one similar product to one of the hundreds I represent. I would think that at our low level on the CAH hierarchy, how could any court enforce our non-compete? We've had reps join Medline and Medline reps join us. I know a court won't enforce a non compete if it means the employee would become unemployed. I'm not privy to deep corporate secrets for God's sake. But I know this company is full of vipers and I've never trusted anything said until is came true. Would you advise I send my prospective employer my non compete, or only if they ask? Di I have to tell CAH why I'm leaving and where I'm going? I don't trust these scum bags and want to move on peacefully to where I hope anything is better than this place.
     
  4. anonymous

    anonymous Guest


    I would proactively tell your prospective employer about your non-compete. Cardinal won't go after you if you are going from distribution to a manufacturer, but they will if you go from Cardinal distribution to Medline distribution in the same market (as an example). As long as you aren't calling on the same customers selling a competitive product or service, you should be fine.
     
  5. anonymous

    anonymous Guest

    Yes, definitely tell your new employer. It really depends on where you are going and what you did. Another key factor is your new employer. Some companies would tell CAH to pound sand, but others would be more conciliatory. You cannot withhold this information from your new employer or you may risk keeping your job there, or at minimum your reputation there if you aren't honest about it. If it is possible to not call on your current customers for a year, that should be sufficient if CAH is a jerk about it. As mentioned above, Medline is the arch enemy, so they could be aggressive about that vs. others. But we've lost many people to Medline, and I think Medline enjoys sticking it to CAH.

    You do NOT have to tell CAH where you are going. Disclosing that is voluntary. Be prepared - MK can be a real a--hole. Don't think for a second he isn't aware of the difficult position he has put the product reps in - and he loves it. In fact, they have caused trouble for some of the folks they let go during the reorg last summer. Can anything be nastier than firing someone and then trying to cause trouble for them to find a new job? Rumor has it MK has been under pressure because of the turnover, which will make that monster even uglier. Do not let the non compete stop you - I got out despite it. My new company wasn't fazed by it. The other option is for you to check with an employment attorney in your state. Each state has different laws, so for a couple hundred bucks you can get some peace of mind. Good luck, bro...I can tell you things ARE much better on the other side! More money, better quality of life, treated with respect and proud of the company I am with.
     
  6. anonymous

    anonymous Guest

    Your comment on MK was spot on; a few minutes with MK and you know you're in the presence of a diminutive intellect; and yes, he can be dangerous; our group performed poorly last year so scapegoats will be hounded out. turnover is rampant in the Med Segment so trying to persecute all those fleeing may not be possible. I'm not going to Medline-and they are cardinal's nemesis. DC actually modelled our sales force after theirs. And this dolt is our leader? I think I'll be OK with my new employer but will forward my non compete voluntarily. If they balk, then I really don't want to be there. I can survive here and bide my time. There might be another chaotic reorg in another month. Who knows what that might bring? What a mess here.
     
  7. anonymous

    anonymous Guest

     
  8. anonymous

    anonymous Guest

    What's truly remarkable about Mr. MK is that he is so UN-remarkable.
     
  9. anonymous

    anonymous Guest

    Well said! When does that nasty little fella get cut? And it seems he is mini me to DC. There's another bag of wind they are paying way too much and he is not delivering. Model us after Medline - what morons. That is an insult. And even Medline has changed their structure because IT WASN'T WORKING. Sure, they are whipping our ass on distribution, but as they've grown they have struggled more with their branded products. They are much better than they used to be, but customers want more than product forced down their throat. Now Medline is moving to product specialists, and looking more like we used to.

    After the debacle with ortho trauma - can't believe DC is still here. And didn't MK pass that out of his realm just in time to not take the fall? Slipperier than a snake in soap. He is the king of humiliating people - look forward to seeing when his turn comes.
     
  10. anonymous

    anonymous Guest

    As to non-competes, they are more times than not unenforceable at the sales level (do we know all the CAH secrets and plans for world dominance in Healthcare? Are we that important to our CAH masters? We are, in their minds, easily replaced by another drone). Many states view non-competes as bogus and many potential employers ignore them if they really want a good hire. Receiving a 1.50% merit increase for FY16 sucks, especially after the nice chunk of GP I put into Cardinal's bottom line. Especially what they did to us with the reorganization last July, it's an insult to be given crumbs. My goal is to get out, spending a lot of time now networking with others to get the interviews to get me out of here.

    DC and MK brought a mess to us a year ago, blame or fire others for their screw-ups, and arrogantly believe they are the smartest guys in the room. They are mirror images of each other, rodent-like manipulators who will sacrifice anyone's career or pocket-book to enhance their careers.
     
  11. anonymous

    anonymous Guest

    MK had nothing to do with ortho trauma. He has no background in Orthopedics and had no decision making abilities in regards to the Emerge acquisition. He may have been guided here and there, but having him make any decision in the Cardiac or Ortho space would be a huge detriment to the business unit. That's why each of those divisions have their own VP's.
     
  12. anonymous

    anonymous Guest

    I left years ago (used to be a Presource rep) and it was the best decision I have made in regards to my career. Stayed in the medical industry, but got the hell out of distribution and commodities. I still check in once in a while on this board, and it astounds me that DC and MK are still fucking around in this company. Seriously. MK was the most inept, misguided, self-aggrandizing moron on the Medical side. How has this king of douchefuckery managed to stay in power for so long? And DC- what a joke. Medical has hit plan how many times since this lout has been in charge? Oh yeah, zero. The overall strategy of a company starts from the top down, and it is painfully evident that those at the top at CAH are way out of their league. "Archaic" and "slow moving" are two descriptors that should be somewhere in Cardinal's slogan.

    Ok, I get it. CAH stock seems to perform well despite its incompetent leaders (thanks pharma side!). At the end of the day, you can argue that is all that matters. But the fact is that .01% of this company makes north of $150k, with most folks busting their asses for cheap labor.

    I really do feel sorry for my lost brothers and sisters who have stuck it out, or took a job at CAH due to ignorance. Life is short. Don't waste it working at a garbage dump when there are plenty of playgrounds where the grass truly is greener!

    Oh, and to the OP- fuck the non-compete, take the job, it will be better than Cardinal. Nobody can keep you from working without compensating you in the interim. Just be up front with your new/potential employer.
     
  13. anonymous

    anonymous Guest

    Your comments about MK and DC are hilarious--and accurate. These two Ass Clowns couldn't manage a wet dream either
     
  14. anonymous

    anonymous Guest

    In California the non compete is as worthless as MK, neither of them work.