Non-compete not enforceable

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Anonymous

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Yeah, we all sign it to get the job, knowing if we don't they won't hire us. The non-compete is ridiculous. Have you read it? You can't work for any wound care company IN THE WORLD for 2 YEARS.

Many non-competes aren't enforceable in court.
1) this one's time frame is too long. 2 years can viewed as excessive in this economy. Try telling your state's unemployment agency that you're turning down interviews.

2) Banned world-wide? So I can't sell in Latvia, Belize, or Sri Lanka, Michigan or Canton?

3) OMG they'll sue me? So what? Copy the format of their paperwork, respond to each paragraph, then show up pro se (defending yourself, driving to MA in your new company car). You've got kids, your ill mom lives with you, student loans..... this is all too often a reality.

4) will a wound care company hire you with a non - compete? Maybe not. Their legal team may not allow it

5) when you leave, sign the paperwork immediately as is from HR, then get an attorney to revise the non-compete to 6 months and then only in your old territory.
 






Your comments are very accurate. The do not and will not stand up in court. No one can prevent you from working. The reality is #4. No Company with any footprint in the wound care industry or biologics will take the risk of hiring an individual involved in an active non-compete.

Companies do not want to take the risks when there are so many candidates to choose from. Trust me I personally experienced it as a sales rep. Now as a manager, I have been instructed to ask "Are you under any non competes with you current or previous company" early in the interview process. The unfortunate thing is that our legal team does not want to hire anyone with less than a year anniversary date of the non compete. Regardless of the qualifications/experience or contacts within the territory. I had a candidate that had a non compete that expired June 2013. Interviewed him in October and was told to find another candidate.
 






If your not getting at least 24 weeks of severance then do not sign anything.

Anonymous said:
Yeah, we all sign it to get the job, knowing if we don't they won't hire us. The non-compete is ridiculous. Have you read it? You can't work for any wound care company IN THE WORLD for 2 YEARS.

Many non-competes aren't enforceable in court.
1) this one's time frame is too long. 2 years can viewed as excessive in this economy. Try telling your state's unemployment agency that you're turning down interviews.

2) Banned world-wide? So I can't sell in Latvia, Belize, or Sri Lanka, Michigan or Canton?

3) OMG they'll sue me? So what? Copy the format of their paperwork, respond to each paragraph, then show up pro se (defending yourself, driving to MA in your new company car). You've got kids, your ill mom lives with you, student loans..... this is all too often a reality.

4) will a wound care company hire you with a non - compete? Maybe not. Their legal team may not allow it

5) when you leave, sign the paperwork immediately as is from HR, then get an attorney to revise the non-compete to 6 months and then only in your old territory.
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Can't enforce it???
Your former employer might not take you to court. BUT if they do, do you have the money & resources to go defend yourself in court? And by "in court", consider that this will likely be out-of-state for you. It will be based upon the state laws of where your company is headquartered. Read your non-compete. ... Been there myself. After a layoff, I consulted with two attorneys of my own. They both said my only option was to get the attorneys from both my former & prospective employer to agree to new terms for me. Get it in writing, and make sure you can live by those terms.
 






Anonymous said:
Can't enforce it???
Your former employer might not take you to court. BUT if they do, do you have the money & resources to go defend yourself in court? And by "in court", consider that this will likely be out-of-state for you. It will be based upon the state laws of where your company is headquartered. Read your non-compete. ... Been there myself. After a layoff, I consulted with two attorneys of my own. They both said my only option was to get the attorneys from both my former & prospective employer to agree to new terms for me. Get it in writing, and make sure you can live by those terms.
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BULLSHIT
 






Anonymous said:
Well considering you have to sign when u get hired and get 2 weeks/year (ideally), there's no way to control that. If you ask for that as a term of hiring, they,ll all the way to the next candidate
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http://www.mbbp.com/resources/employment/noncomps.html

Non-compete agreements are illegal under federal law and also banned in many states because they interfere with a person’s basic ability to work and make a living. MA is one of those states to ban them soon.
 


















Don't sign the non compete when you get laid off. Severance, what severance? They gave us the 60 days notice they were required by law, nothing else. Shire paid, OI not so much.
 






Anonymous said:
Don't sign the non compete when you get laid off. Severance, what severance? They gave us the 60 days notice they were required by law, nothing else. Shire paid, OI not so much.
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We signed the non compete when we got HIRED!!!!! OI protects itself very well.... All future actions in Mass courts. If you live within a day's drive go to court by yourself. Judge will take pity. Most likely, however, OIs legal "dream team" will send you mounds of paper in the form of an injunction hoping to intimidate you into giving up.
 






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