MS Non-Compete

Anonymous

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Why and how are they enforcing this? The letter that outlined the options we received said nothing about a NC. I assumed that the worse thing that could/would happen was that we would have to pay the $$ back if/when received them and if we went to another MS comp??

Thoughts??
 






Why and how are they enforcing this? The letter that outlined the options we received said nothing about a NC. I assumed that the worse thing that could/would happen was that we would have to pay the $$ back if/when received them and if we went to another MS comp??

Thoughts??

Read the posts from a month or so ago and you will find a lot of information you need.

NVS is contacting the new company and telling them you have a noncompete. The new company will pull your offer. It was done in Ohio. Read the older posts and if necessary ask additional questions.
 






Note to self: never again sign a document that limits my future employment options NO MATTER WHAT unless my current employment depends on it. The non compete is very defensible by NPC in court and in most states will fall under NJ state jurisdiction which almost always sides with the employer. Easy to enforce with automated employment verification that notifies employer if you were so naive to think it might be missed. The truth hurts but you better come to cafe pharma to get it -- not your DM (who also unknowingly signed) or HR.
 












The best thing to do is accept the offer and work both companies (take home two paychecks). It may sound ridiculous but it has been done.

The best thing is ban together as a team and voice our concern over the bait and switch tactics. How many days have been missed in the field and SRFs lost because of the disgust by the sales reps. At this time they might have us not leaving for another MS company, but there will be a lawsuit eventually and the outcome will determine a lot. At the end of the day they are paying people who don't want to be here, not working hard, and these people will not leave. So who is the real loser in this situation?
 






What is it all about???

Why and how are they enforcing this? The letter that outlined the options we received said nothing about a NC. I assumed that the worse thing that could/would happen was that we would have to pay the $$ back if/when received them and if we went to another MS comp??

Thoughts??

Just what was this non compete document thing about? I am in another division and I am curious. Is it a statement that HR made you sign that says that you will not work for another MS company within a certain amount of years? Does the company do this because they know that reps will be unhappy and they will try to flee to a better company? Or possibly that they know they will rep you off on bonus in the future, so you will want to leave. It sounds a little like you are an indentured servant. Just what is NVS motive behind this document?
 






Re: What is it all about???

Just what was this non compete document thing about? I am in another division and I am curious. Is it a statement that HR made you sign that says that you will not work for another MS company within a certain amount of years? Does the company do this because they know that reps will be unhappy and they will try to flee to a better company? Or possibly that they know they will rep you off on bonus in the future, so you will want to leave. It sounds a little like you are an indentured servant. Just what is NVS motive behind this document?

We all received options after the Gilenya launch because the company royally screwed up by not having the ability to get patients on drug (long story). We all signed a document that stated that if we left after we get the options (3 years) for a MS comp, then we owe the money back to the company. We still have 2 years and 3 months until they are even available /vested. We signed nothing about a NC?? I would like to hear proof where someone got sued for leaving, and lost. Sounds like they don't have shit to stand on! Let not all panic like were all in San Quinton.
 






There is a difference in getting a letter from nvs legal and nvs taking you to court.

If you get a letter from novartis saying you signed a non compete. Get a attorney to write back and say "no I did'nt". They are not going to take u to court spend thousand of dollars and try to tell a judge that a rep damaged a 50 billion dollar company.

Also make sure you put in the letter that it's a different territory and that nvs broke the deal when the product was not on the shelf etc. Your fine. They tried to scare you and it worked.
 






Re: What is it all about???

We all received options after the Gilenya launch because the company royally screwed up by not having the ability to get patients on drug (long story). We all signed a document that stated that if we left after we get the options (3 years) for a MS comp, then we owe the money back to the company. We still have 2 years and 3 months until they are even available /vested. We signed nothing about a NC?? I would like to hear proof where someone got sued for leaving, and lost. Sounds like they don't have shit to stand on! Let not all panic like were all in San Quinton.

I don't think anyone got sued but that is not the issue. The issue is Novartis is contacting the new MS employer and informing them you signed a non-compete. If you did not tell the new company about the non-compete, the new company will most likely let you go. Now you have no job. So if you don't plan on staying in MS you have nothing to worry about. If you want to stay in MS you will be staying with Novartis. How many of you have complained about this issue? Individual voices means nothing we need to stand as one.
 






Re: What is it all about???

We all received options after the Gilenya launch because the company royally screwed up by not having the ability to get patients on drug (long story). We all signed a document that stated that if we left after we get the options (3 years) for a MS comp, then we owe the money back to the company. We still have 2 years and 3 months until they are even available /vested. We signed nothing about a NC?? I would like to hear proof where someone got sued for leaving, and lost. Sounds like they don't have shit to stand on! Let not all panic like were all in San Quinton.

if you are so unhappy, pay back and save your life, the stress and aggravation will kill you before you are vested.
 












Re: What is it all about???

if you are so unhappy, pay back and save your life, the stress and aggravation will kill you before you are vested.

At what point in my statement did I mention I was unhappy? Just giving the fact dude, not a bitch fest. I and others want to be able to make a good decision if/when the time comes for us to leave.
 






Re: What is it all about???

At what point in my statement did I mention I was unhappy? Just giving the fact dude, not a bitch fest. I and others want to be able to make a good decision if/when the time comes for us to leave.

it really is a bitch fest dude, you and OTHERS just looking for reasons not to work, you do know you don't have much options out there ??!!!
 






Re: What is it all about???

At what point in my statement did I mention I was unhappy? Just giving the fact dude, not a bitch fest. I and others want to be able to make a good decision if/when the time comes for us to leave.

if you and OTHERS were STUPID enough to sign something you didn't know what it was then what can I say suffer your own doing. NOT SO SMART are you !!!
 






Re: What is it all about???

it really is a bitch fest dude, you and OTHERS just looking for reasons not to work, you do know you don't have much options out there ??!!!

AGAIN, not saying I'm not working, never typed it, but your thinking it?? For the 3rd time, want to be able to make a good decision if/when the time comes to make a good or bad career move. So STFU and quit trying to read between the lines, I think we want good discussion about the NC and what it means going forward.
 






Re: What is it all about???

if you and OTHERS were STUPID enough to sign something you didn't know what it was then what can I say suffer your own doing. NOT SO SMART are you !!!

Thats the whole point of this discussion dummy, there was nothing in the options letter that we received that talked about a NC. Are you even in the MS division at Novartis or just stirring up SHIZ?
 












As an FYI, the more restrictive a non-compete document is, generally the less enforceable it is. Courts look down upon preventing an individual the right to earn a living with skill sets that person has acquired over the course of their career. Novartis cannot stop you from working for another MS company completely. They may be able to enforce you not being able to work your current geography. There are a lot of precedents available where the courts have decided in favor of the individual and against the company. It will most likely depend on the exact location you intend to work, how different or similar that is from your current territory, and also if it was made clear to you that you were signing a non-compete. If enough of you testify that it was never made clear to you that you were signing a non-compete, then you've got a good case to have that document thrown out. Good luck!
 






As an FYI, the more restrictive a non-compete document is, generally the less enforceable it is. Courts look down upon preventing an individual the right to earn a living with skill sets that person has acquired over the course of their career. Novartis cannot stop you from working for another MS company completely. They may be able to enforce you not being able to work your current geography. There are a lot of precedents available where the courts have decided in favor of the individual and against the company. It will most likely depend on the exact location you intend to work, how different or similar that is from your current territory, and also if it was made clear to you that you were signing a non-compete. If enough of you testify that it was never made clear to you that you were signing a non-compete, then you've got a good case to have that document thrown out. Good luck!

is it true that everyone and always get a NC in their contract no matter what company or division ?