Non-Compete agreements

[Anonymous]

So have you ever had to sign one for a pharma, lab, medical device, or biotech sales position?

And, if you left that company, how serious did you take i. e. did you honor the terms?

Anyone get caught breaking this agreement and what were the consequences?

I am about to start a new biotech position and this will be the first I've ever had to sigh.

Thanks!

 

[Wonka]

Unenforceable. Right to work.

 

[Anonymous]

The previous poster is right depending on the state. In some states they have a little force, but not much. They are hoping that the non-compete will scare you from going to work for a competitor. Just be careful not to provide any none public proprietary information to the the other company.

 

[Anonymous]

I would suggest that you insist on a full "check-out" when you leave your company and have the person from your old company sign off that you have delivered all company property and proprietary information at the time of separation.

 

[Drug Dumper]

Unenforceable. Right to work.

The right to work thing pertains more to unions than regular working. In SC they are enforced.

"A "right-to-work" law is a statute in the United States that prohibits union security agreements, or agreements between labor unions and employers, that govern the extent to which an established union can require employees' membership, payment of union dues, or fees as a condition of employment, either before or after hiring. "Right-to-work" laws do not, as the short phrase might suggest, aim to provide a general guarantee of employment to people seeking work, but rather are a government regulation of the contractual agreements between employers and labor unions that prevents them from excluding non-union workers, or requiring employees to pay a fee to unions that have negotiated the labor contract all the employees work under."

And in SC, Non-Compete agreements are enforced.

 

[Anonymous]

Non competes are for a reason. If you think that a company will not enforce a contract than you are nuts. Good luck listening to the the posters on this site. Whoever brought up the right to work does not know what they are talking about. Call an attorney!!!!!

 

[Anonymous]

1 year

 

[Anonymous]

Fuck that, lie to the new company and lie to the old company. Once they catch wind it's 6 months down the road and 6 months before you are near a courtroom. Pretend you didn't know what you signed and enjoy yourself.

 

[Anonymous]

Again, this isn't the place to find definite legal advice, but what I was told about non-compete agreements is that the more binding they are on the employee, the harder they are to enforce.

I remember a physician that I once called on who worked as a contract employee for an outpatient doc-in-the-box once told me he planned to open his own practice and told me that his current employer had a one-year, five-mile restriction that his lawyers thought would be enforceable, but if it were for example five-years and thirty-miles, it would not be enforceable in court.

 

[Anonymous]

I would totally ignore a non-compete clause if I was laid off. Seriously, if the company sue's you and takes you to court, there's not a jury in the world that would favor the employer.

 

[Drug Dumper]

I would totally ignore a non-compete clause if I was laid off. Seriously, if the company sue's you and takes you to court, there's not a jury in the world that would favor the employer.

Depending on how it is written, BY LAW a jury has to follow the directions. They may not like it, but they are charged with following the law.

They're not as easily broken as you might think. AND the loser may end up with court costs and attorney fees from the company who brought the lawsuit.

 

[Anonymous]

These issues never make it to a jury trial (for all you experts). Many non compete agreements are not enforceable. Talk to a good attorney. They can deal with this pretty easily. I also have heard the more stringent and binding they are, the less enforceable they are because they then compromise your ability to make a living. Most biotech companies won't even come back on you for this unless they feel like you are taking proprietary info with you.

 

[Anonymous]

Depending on how it is written, BY LAW a jury has to follow the directions. They may not like it, but they are charged with following the law.

They're not as easily broken as you might think. AND the loser may end up with court costs and attorney fees from the company who brought the lawsuit.

LOL, What a joke! Quit trying to scare people by trying to say the jury has to do something when we all know that when they get behind closed doors they can do and have done whatever they want.

ury's have no love for a corporation that is keeping any person from getting a better job unless they have taken some secret privileged information and that almost never happens. Non-competes are almost never even threatened let alone taken to court as it sin't worth the hassle for the corporation.

 

[Drug Dumper]

you've obviously never served on a jury