no compete

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Since the laws vary by state you need to check with a lawyer in your state. Generally speaking, courts will not enforce a no compete for employees who are not "key employees"…meaning your position afforded you access to highly confidential or sensitive information that will likely result in a crippling effect if you go to the competiton. Sales reps usually dont fall into this category. Although some reps might. EES reps most likely dont fit into this category because your departure from the company is not likely to have a big impact on the company overal. (Sorry but its true) In converse a spine rep who contributes say 20% of sales to a distributor would probably be considered "key".

Additionally courts have sided with employees when no competes prevent a person from earning a living using their specific skill set.

Be warned: This has not stopped companies from taking action against an employee to muddy the waters between you and your new employer. Most hiring companies simply don't want to deal with the headache of getting caught in the middle while you sort through your legal battles. Unless, they really want you, the net effect will be the same. You don't work for the competition.


Lastly…I'm not a lawyer and you should really think hard about the wisdom of seeking what amounts to legal advice on cafepharma.
 






Anonymous said:
Since the laws vary by state you need to check with a lawyer in your state. Generally speaking, courts will not enforce a no compete for employees who are not "key employees"…meaning your position afforded you access to highly confidential or sensitive information that will likely result in a crippling effect if you go to the competiton. Sales reps usually dont fall into this category. Although some reps might. EES reps most likely dont fit into this category because your departure from the company is not likely to have a big impact on the company overal. (Sorry but its true) In converse a spine rep who contributes say 20% of sales to a distributor would probably be considered "key".

Additionally courts have sided with employees when no competes prevent a person from earning a living using their specific skill set.

Be warned: This has not stopped companies from taking action against an employee to muddy the waters between you and your new employer. Most hiring companies simply don't want to deal with the headache of getting caught in the middle while you sort through your legal battles. Unless, they really want you, the net effect will be the same. You don't work for the competition.


Lastly…I'm not a lawyer and you should really think hard about the wisdom of seeking what amounts to legal advice on cafepharma.
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good points to consider.

I personally received an offer from a competing company and was upfront during the interview process that I had signed a non compete contract. I was made an offer but it was contingent upon the non compete I had signed. Long story short the J&J contract was ironclad and there was nothing that they could do. they pulled back the offer and we went our separate ways. I was told that if I was interested in moving to California that I could work for them there because the non compete was not valid there.
 






READ yours . Its usually that you cant call on the same guys for period of time usually 18 months . Your value is not your product knowledge but the relationships . SO in short cant call on the sam area, but you got the business because of contracts not your skills
 






If you do accept a position with another company and the want to enforce the non-compete, they have to pay you your salary while you sit out the time frame...so if the non-compete says 6 months or 12 months...they have to pay you your salary if they want to enforce it
 






I'll say again a non compete is not enforceable in a court of law for non-key employees. Your "relationships" don't matter to a judge. The issue is do you hold vital information ( information so vital that ees is the only place you could have obtained it ) that would prove detrimental to the company's bottom line. In the case of an EES rep, you do not hold enough power that you alone can cause that kind of damage. I know there are some of you who think you hold the cards and yes you might be able to get a few docs to switch to your new product. But in the eyes of a judge, anyone can do that including someone who did not hold those relationships.

The reason Jnj puts these things in place is in hopes of the other company backing down.… just as the previous poster stated. If you cared to spend time and money on a lawyer you would win your case. But before you do you must ask yourself, who is going to hold a position for you while you fight your battle? I don't think most companies want a rep that badly.


As for paying you to sit out… unless you negotiated that on the front end, keep dreaming. Even if you attempted to do such a thing as a rep, you would likely be shown the door because there are a dozen people who can do what you do.
 


















It doesnt matter what is says rookie. It matters what holds up in court. Your PI clearly says your device is for single use but we see what happened there right?

The real question is are you or your new employer are willing to put resources to challenge Jnj. If you talk to any lawyer ( hell you can google the subject and figure it out) they will tell you that a rep non compete is not enforceable because you are not a key employee.

Again moron... The reason it is done is because Jnj legal knows your new employer will not pay for your defense nor will they sit around waiting for you to win your case.
 






Anonymous said:
It doesnt matter what is says rookie. It matters what holds up in court. Your PI clearly says your device is for single use but we see what happened there right?

The real question is are you or your new employer are willing to put resources to challenge Jnj. If you talk to any lawyer ( hell you can google the subject and figure it out) they will tell you that a rep non compete is not enforceable because you are not a key employee.

Again moron... The reason it is done is because Jnj legal knows your new employer will not pay for your defense nor will they sit around waiting for you to win your case.
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Can somebody please let this lady know that not every State operates under the SAME FUCKING LAWS!!! Key employee or not, it is about what damage can one cause by leaving one company and competing against said company in the SAME territory. Most say you can not sell a competing product or products in the territory for at least one year. You can fight these but you dont have to if the company likes you and can put you in another territory for a year. Again most companies do not want someone that bad and lets be honest here what products are we selling that they are trying to protect against? It is all contract driven so the rep doesnt matter.

Its not about how scary JNJ's lawyers are, frankly JNJ could care less about the majority of its sales reps leaving. A few years ago they did fight some folks leaving for Intuitive but other than that I doubt they give a fuck about a suture rep.
 






Read post #4. That's me. So I'm glad we can agree on something easy.

I'm not here to see if my balls hang lower than yours. I'm here to shed some light on this subject. You should also know that I don't share my views based on how I feel. I generally try to make well informed comments. If you are under 28 years of age, you have probably not realized that just because you think something sounds right doesn't make it so. With that said all you have to do is google "is a non compete enforceable" and the state in which you live and you will find the answer that fits you best.

Where EES finds itself in a trick bag is its non compete conflicts with anti-trust laws which are put in place to prevent companies from stiffleing competition. You can hire a fresh out of law school attorney to win this type of case.

Lastly, I left EES several years back under these exact conditions. I fought back and won! But my new employer bailed because they had to get on with there business and didn't want to get involved. I then sued Ees on the basis that they ruined my relationship with my employer and cost me money.

Guess who got seriously cashed out???

Lesson- Your ignorance shows when you talk from your ass and not your head.
 






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