Non-Compete Clause

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Anonymous

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i have been hearing rumblings this class organization is going to be enforcing non-compete clauses. It's one thing to enforce the clause if you voluntarily leave, but to be laid off and still enforced is bullshit. Is anybody hearing the same thing and is it enforcible if you get laid off?
 






Anonymous said:
i have been hearing rumblings this class organization is going to be enforcing non-compete clauses. It's one thing to enforce the clause if you voluntarily leave, but to be laid off and still enforced is bullshit. Is anybody hearing the same thing and is it enforcible if you get laid off?
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Yes they do. Enforcing depends on the employment agreement you signed and where you're employed.
 






Your best move is too quietly leave and go do something completely different. If that doesn't appeal to you and you are seriously concerned about them coming after you, then you should do the following: gather as much information as you can (job description, performance reviews, employment agreements, awards/recognition etc.) about you, and others that have already left and gone elsewhere and not been affected by a non-compete (I would look at former executives); talk to a lawyer; talk to another lawyer; talk to a corp. lawyer at the prospective company; file a suit against S&N seeking an injunction - before you resign.
It's always best to fire the first shot.
 












Just know that competitive companies to S&N know that we enforce our Non-Compete and will not actually hire you just because they want to talk to you. I interviewed with another company to find our and suspect they were just using me to "Fish" for competitive intel.
 






Keep some things in to consideration when looking at the non-compete. 1. If you are leaving for a competitor but working on product that you haven't worked with at SNN is not enforceable because you are taking no IP knowledge with it. 2. In certain states they have to be specific in what your non-compete covers. 3. In California, non-competes are not enforceable. The best thing to do is talk to your own lawyer and then talk to the lawyer of the hiring company and make sure all are in agreement that if you are hired, the hiring company will defend you if a lawsuit is filed.

A number of companies (NuVasive for one) simply disregard them and just deal with it in the courts because they feel the person brings enough benefit that they will take the chance. Most courts won't make an injunction but more so will fine the hiring company and that will be it. I've seen it a dozen times. Judges don't want to put people out of work but will fine the companies for this type of poaching. Hell, former employees went to Wright Medical, Zimmer, MAKO, etc. without having SNN go after them. Likely you might win due to SNN not enforcing consistantly.

Good luck
 






Again, Thank you for the serious answers. I was blown away that given the lay-offs that took place two weeks ago, they had the balls to say they would be enforcing it. I am taking the approach of talking to a lawyer and being upfront with the company and/or recruiter I am working with. Given the fact I spent 100% of my time with NPWT, I cant see this being an issue if I choose to stay in wound care since I am not going to another NP company. Regardless, SNN are a bunch of ass clowns for enforcing this when they are the reason 31 of us are out of work on 12/31.
 






Anonymous said:
Just know that competitive companies to S&N know that we enforce our Non-Compete and will not actually hire you just because they want to talk to you. I interviewed with another company to find our and suspect they were just using me to "Fish" for competitive intel.
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Is KCI a competitive company to S&N? Do they know S&N will enforce our noncompete? Did they just hire a top executive?


Before you point out that he was from a division that doesn't compete with KCI... You do know that every year executives from all over the company meet up in some random country to discuss strategy across the whole company. After these meetings are typically when you hear slogans like "one smith&nephew", and concepts involving different divisions working together. These ideas never come to fruition, but make no mistake, VP level positions should challenged from working for any S&N competitors. This is a gross double standard, that only exists due to the good-old-boy network that exists at the highest levels.
 






Anonymous said:
Is KCI a competitive company to S&N? Do they know S&N will enforce our noncompete? Did they just hire a top executive?


Before you point out that he was from a division that doesn't compete with KCI... You do know that every year executives from all over the company meet up in some random country to discuss strategy across the whole company. After these meetings are typically when you hear slogans like "one smith&nephew", and concepts involving different divisions working together. These ideas never come to fruition, but make no mistake, VP level positions should challenged from working for any S&N competitors. This is a gross double standard, that only exists due to the good-old-boy network that exists at the highest levels.
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They wanted him gone and we were glad to let him go. A rep can bring real business and hurt the company financially.
 












Anonymous said:
Another double standard at a company full of them. Everyone loses when there is corruption. This company repeatedly misses when it comes to being fair to employees.
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For all of the talk about ethics & compliance by Olivier & the boys at the top, they really need to wake up. HR & Sales Management in all divisions running wild doing what ever they want to do with no regard for the rules &/or ethics. They seem to think that co. Rules & the DPA from a few years ago only apply to everyone else
 






How can these ingrates enforce a non compete when they have zero NP to offer in the US for months to come or longer? Also, layoffs occurred due to omissions and/or Fraud with the FDA.
 






Anonymous said:
How can these ingrates enforce a non compete when they have zero NP to offer in the US for months to come or longer? Also, layoffs occurred due to omissions and/or Fraud with the FDA.
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Hit the nail on the head! If the FDA situation doesn't take place, layoffs never take place. The always maintain they want to do right by the employee...this is their chance. For the employees that were laid off, throw out the non-competes.
 






Anonymous said:
How can these ingrates enforce a non compete when they have zero NP to offer in the US for months to come or longer? Also, layoffs occurred due to omissions and/or Fraud with the FDA.
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They're very good about hiding the people they hire with noncompetes. The halls of Andover are filled with them. They're not really interested in enforcing your noncompete. They only want to drive you to the poor house trying to fight them. Just another way they show their appreciation & respect for you and the work you put in. Low life, classless, morally corrupt organization
 






If you can hurt them they absolutely will go after you. And all their punk ass reps are instructed to document every time they see you at a hospital. No matter you may be seeing a sick family member (believe it, it's happened) or headed to the hospitals fitness center. You will get a letter. There are reps that have even been told to follow competitive former SN reps to document their movements.

When you don't have shit to sell I guess this is the only way you can maintain your relevance and arrogance. Fuck SN and their shitbag organization.
 






Anonymous said:
If you can hurt them they absolutely will go after you. And all their punk ass reps are instructed to document every time they see you at a hospital. No matter you may be seeing a sick family member (believe it, it's happened) or headed to the hospitals fitness center. You will get a letter. There are reps that have even been told to follow competitive former SN reps to document their movements.

When you don't have shit to sell I guess this is the only way you can maintain your relevance and arrogance. Fuck SN and their shitbag organization.
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If your career hasn't progressed the way you had visualized and you fell short of your goals it's understandable that you may blame the organization. When reflecting back is there anything you could have done differently to absorb some accountability? You have posted your feelings on this website and are entitled to your own opinion but now what? With your passion and talent move forward and prove to yourself that the corporation made a major mistake letting you slip away.
 






Anonymous said:
If your career hasn't progressed the way you had visualized and you fell short of your goals it's understandable that you may blame the organization. When reflecting back is there anything you could have done differently to absorb some accountability? You have posted your feelings on this website and are entitled to your own opinion but now what? With your passion and talent move forward and prove to yourself that the corporation made a major mistake letting you slip away.
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Great Sunday School response likely from somebody who has a job or didn't get cut.... I'd be interested to hear your perspective when circumstances turn against you.
 






Anonymous said:
If your career hasn't progressed the way you had visualized and you fell short of your goals it's understandable that you may blame the organization. When reflecting back is there anything you could have done differently to absorb some accountability? You have posted your feelings on this website and are entitled to your own opinion but now what? With your passion and talent move forward and prove to yourself that the corporation made a major mistake letting you slip away.
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Usual management BS!
 






Anonymous said:
If your career hasn't progressed the way you had visualized and you fell short of your goals it's understandable that you may blame the organization. When reflecting back is there anything you could have done differently to absorb some accountability? You have posted your feelings on this website and are entitled to your own opinion but now what? With your passion and talent move forward and prove to yourself that the corporation made a major mistake letting you slip away.
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I going to assume this was an HR response. Im 100% positive I would run circles around you. The cuts had nothing to do with numbers or how did you put it, "my career hadn't progressed the way I had visualized." Explain that to the multiple DoS's, AMs, etc...that were let go. Included in that are the top two reps in the division last year. I am certain both of the reps were doing just fine in the organization. So, no...there is nothing we could have done to take some accountability for the events that took place. Accountability lies in one place...SNN Corporate. They had ample opportunity to address the FDA concerns and they simply chose not to. No FDA situation = no massive cuts.
 












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