How valid is non compete clause ?

anonymous

Guest
Is it legal to lock in internal talent cheaper as compared to higher pay external employers offer in same direct markets?

what if we say this person has multiple advancement opportunities arrive outside Abbvie?

Can Abbvie block that employee’s career from advancement externally?

The job market is heating up in my local market and it is now very expensive where I live with my ability to save based on a quarter bonus now. It turns out I was hired in much less and currently paid much less then my team peers and I can’t keep up with inflation and cost of living in my area. I have one direct competitor that will provide 25% pay increase and another someone direct offering about a direct 19% increase with offers already presented.

The current 2-3% annual increase pay rates would take me 8 years to catch up to the lowest offer presented today. ( not considering average rate of cost of living inflation in my area)

It just doesn’t seem right to hold people back in local markets when they need to financially.
 






ok, let’s be realisitic. There is no specific or defining skills that you have as a rep which separates you from others in the industry OTHER than your knowledge of the accounts and providers. Noncompetes are used for salespeople ( fuckers who generate revenue via establishing a relationship AND gaining an enforceable contactual commitment for funds on services provided) That is it. You are given things to say and what not to say - very specific messages. Your commitment is at best, a promise. That implies, you do not know shit and are generally a danger to yourself and others if you were to create thoughtful messages. There you have it - just flip the isa and ensure you stay on your message.

Reps do not have non-competes in Pharma. Why would AbbVie dispatch a lawyer to take you to task for this? Just smoky bullshit.

If you can get a better gig, then land that gig.
 


















I’m curious how this turned out. Did you end up taking the other job? I have a chance to interview at another company to increase my salary/benefits, but unsure if our (sales) non-compete contract is enforced? I just saw where the FTC is proposing a ban on non-compete contracts. I think that is a good proposal. Bottom line, if a company is concerned about an employee leaving for a better job, they should put their efforts in retaining them while keeping up with industry standards.
 






I’m curious how this turned out. Did you end up taking the other job? I have a chance to interview at another company to increase my salary/benefits, but unsure if our (sales) non-compete contract is enforced? I just saw where the FTC is proposing a ban on non-compete contracts. I think that is a good proposal. Bottom line, if a company is concerned about an employee leaving for a better job, they should put their efforts in retaining them while keeping up with industry standards.
While what you say is valid, the reality is if AbbVie can come after you to make your life miserable - there is a good chance they will. Particularly if there is a manager who raises concerns about you leaving.
 






While what you say is valid, the reality is if AbbVie can come after you to make your life miserable - there is a good chance they will. Particularly if there is a manager who raises concerns about you leaving.
In places like Boston with lots of biotech, everyone knows someone who has been sidelined for a year after leaving Abbvie due to the non compete.
 






I’m curious how this turned out. Did you end up taking the other job? I have a chance to interview at another company to increase my salary/benefits, but unsure if our (sales) non-compete contract is enforced? I just saw where the FTC is proposing a ban on non-compete contracts. I think that is a good proposal. Bottom line, if a company is concerned about an employee leaving for a better job, they should put their efforts in retaining them while keeping up with industry standards.


You don’t have a contract in sales. You are an at- will employee who can leave whenever and for whatever you want. You are not under any non- compete stipulations so good whatever you want.
 






You don’t have a contract in sales. You are an at- will employee who can leave whenever and for whatever you want. You are not under any non- compete stipulations so good whatever you want.

Read the employment agreement you signed when being hired. There is a section in it that is a non-compete for like companies and like products. If it is enforced or not is a different conversation.
 






Read the employment agreement you signed when being hired. There is a section in it that is a non-compete for like companies and like products. If it is enforced or not is a different conversation.
Also depends where the job is based. Some states have laws prohibiting broad agreements like the one we have to sign in Illinois. If it’s Illinois you have a cloud over your head that stays for at least a year. I always urge people to read carefully before accepting an offer, not that we will be offering many jobs in the coming years. Once you quit your previous job and are forced to sign on your first day of work, they own you and they know it.
 






Read the employment agreement you signed when being hired. There is a section in it that is a non-compete for like companies and like products. If it is enforced or not is a different conversation.

The exit document I signed superseded hiring documents. Those documents did not restrict me going to any other company, in any space or with any product,but did stipulate I couldn’t come after any Abbvie employees for 2 years.
 






Abbvie has a bad rap here, but I see people at all levels move to direct competitors frequently. Up to and including senior VPs.

So I’m not sure what the threshold for enforcement is.
 


















Abbvie has a bad rap here, but I see people at all levels move to direct competitors frequently. Up to and including senior VPs.

So I’m not sure what the threshold for enforcement is.
Yes, it happens all the time, people move to direct competitors with no repercussions. Problem is, the opposite happens all the time too. It’s actually more frequent at the less senior levels because the new company is less interested in devoting resources to fight it, more likely to separate the new employee. Happened to me, even after I was truthful in disclosing it up front to the new company.
 
























Also depends where the job is based. Some states have laws prohibiting broad agreements like the one we have to sign in Illinois. If it’s Illinois you have a cloud over your head that stays for at least a year. I always urge people to read carefully before accepting an offer, not that we will be offering many jobs in the coming years. Once you quit your previous job and are forced to sign on your first day of work, they own you and they know it.
You also don’t have to tell your current employer and don’t update your LinkedIn page.
 






How many companies won’t hire you because you don’t have experience in a particular disease state? They are actively hiring people that compete against your drug you are currently promoting.