Non-Compete Agreement

JRV · JRV #1 (**permalink**)

09-15-2007, 04:05 PM

I work as a web designer for a technology company. The company covers a wide range of tech from installing networks to designing websites. I had to sign a Non-Compete Agreement before they would hire me. The agreement says I can't work for any company that would be considered a competitor for up to 2 years.

If I ever leave does that mean that I wouldn't be able to freelance or work as a web designer for 2 years? I know what a Non-Compete Agreement is but unsure of what would be considered a competitor.

Kash · Kash #2 (**permalink**)

09-15-2007, 04:10 PM

2 years is a pretty harsh agreement. Could you perhaps scan the clause so that we can get a look at the exact wording, as that would help us figure out what exactly your employer meant.

JRV · JRV #3 (**permalink**)

09-15-2007, 04:17 PM

Quote:

Originally Posted by Kash

2 years is a pretty harsh agreement. Could you perhaps scan the clause so that we can get a look at the exact wording, as that would help us figure out what exactly your employer meant.

I think I have a copy in my files somewhere, I'll look for it. It was just a brief paragraph in the Agreement I signed. It was pretty vague from what I remember.

kaidomac · kaidomac #4 (**permalink**)

09-15-2007, 04:20 PM

That does sound pretty harsh. I don't know what I'd do if I wanted to change jobs...technology is my passion.

JRV · JRV #5 (**permalink**)

09-15-2007, 04:29 PM

Monster.com says that they can only be enforced if they are reasonable. If they are too long or prevent you from working in your field all together they are usually thrown out.

D3v1L80Y · D3v1L80Y #6 (**permalink**)

09-15-2007, 04:41 PM

Two years is pretty standard. It doesn't mean that you can't work as a designer, it basically means that you can't do any work (similar to what you do now) for the existing clients of the place you work now.

I have a similar agreement where I work now. I can leave if I really wanted to, I just can't farm the client list and do work for them if it would cause that client to leave my current employer completely.

Sherman Homan · Sherman Homan #7 (**permalink**)

09-15-2007, 05:38 PM

D3v1L80Y is on it, a non-compete is usually reserved for stealing your current company's clients. They are very difficult to enforce unless damage to the current company can be proved. If you leave your company and go to work in the same capacity with another company you will be in a gray area if it can be shown that the two companies are in direct competition with each other. If they aren't, then there is very little risk of violating the non-compete.

iKitten · iKitten #8 (**permalink**)

09-15-2007, 08:21 PM

It may sound harsh, but it's pretty common. My fiancé had to abide by the same type of agreement a few years ago.

CArmstrong · CArmstrong #9 (**permalink**)

09-15-2007, 08:31 PM

I had an identical agreement with a web hosting company I worked for. I couldn't work for a competitor for 2 years after I worked for them. I thought it was pretty harsh but didn't give it a second thought - I was very young and it was my first full-time job.

MikeYMS · MikeYMS #10 (**permalink**)

09-15-2007, 09:38 PM

Technically I was in the same way with my prior company...usually that can be waived if you're on good terms with your employer.

DaYCEnt · DaYCEnt #11 (**permalink**)

09-16-2007, 12:53 AM

wow... nowadays, two years is ancient news in anything 'web'. i think that's a bit too much...

JRV · JRV #12 (**permalink**)

09-16-2007, 01:01 AM

Quote:

Originally Posted by D3v1L80Y

Two years is pretty standard. It doesn't mean that you can't work as a designer, it basically means that you can't do any work (similar to what you do now) for the existing clients of the place you work now.

I have a similar agreement where I work now. I can leave if I really wanted to, I just can't farm the client list and do work for them if it would cause that client to leave my current employer completely.

Yep you're right. It says I can't work as a web designer for the company's current clients for 2 years. That doesn't seem so bad now since the chances of me working for the clients is almost zero.

Thanks

Kash #2 (permalink)
Member Since: Dec 03, 2006 Location: Irvine, CA Posts: 9,385 Mac Specs: Black Macbook C2D 2GHz 3GB RAM 250GB HD iPhone 4 iPad 3G	09-15-2007, 04:10 PM 2 years is a pretty harsh agreement. Could you perhaps scan the clause so that we can get a look at the exact wording, as that would help us figure out what exactly your employer meant. June 2007 July 2009
	QUOTE Thanks

kaidomac #4 (permalink)
Member Since: Jan 18, 2006 Posts: 1,868 Mac Specs: G4 Cube	09-15-2007, 04:20 PM That does sound pretty harsh. I don't know what I'd do if I wanted to change jobs...technology is my passion. Mac Sites - down for reconstruction
	QUOTE Thanks

D3v1L80Y #6 (permalink)
Member Since: Feb 02, 2004 Location: PA Posts: 12,455 Mac Specs: MacBook	09-15-2007, 04:41 PM Two years is pretty standard. It doesn't mean that you can't work as a designer, it basically means that you can't do any work (similar to what you do now) for the existing clients of the place you work now. I have a similar agreement where I work now. I can leave if I really wanted to, I just can't farm the client list and do work for them if it would cause that client to leave my current employer completely. __________________________________________________ Posting and YOU\|Forum Community Guidelines\|The Apple Product Cycle\|Forum Courtesy mac: a waterproof raincoat made of rubberized fabric MAC: a data communication protocol sub-layer, also known as the Media Access Control Mac: a brand name which covers several lines of personal computers designed, developed, and marketed by Apple Inc.
	QUOTE Thanks

Sherman Homan #7 (permalink)
Member Since: Oct 27, 2006 Location: Norwell, MA Posts: 897	09-15-2007, 05:38 PM D3v1L80Y is on it, a non-compete is usually reserved for stealing your current company's clients. They are very difficult to enforce unless damage to the current company can be proved. If you leave your company and go to work in the same capacity with another company you will be in a gray area if it can be shown that the two companies are in direct competition with each other. If they aren't, then there is very little risk of violating the non-compete. Sherman Homan http://macintoshsolutions.com http://shermanhoman.com http://grumblefix.com http://www.merchantcircle.com/busine...s.781-749-9162 http://www.merchantcircle.com/busine...x.781-424-5722
	QUOTE Thanks

CArmstrong #9 (permalink)
Member Since: Feb 25, 2007 Location: Pittsburgh, PA, USA Posts: 116 Mac Specs: PowerBook G4 15" 1GHz 768MB 60GB	09-15-2007, 08:31 PM I had an identical agreement with a web hosting company I worked for. I couldn't work for a competitor for 2 years after I worked for them. I thought it was pretty harsh but didn't give it a second thought - I was very young and it was my first full-time job. "Excuse me, does this effectively hide my thunder?" - Tobias Fünke, Arrested Development
	QUOTE Thanks

Non-Compete Agreement

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JRV #1 (permalink)
Member Since: Feb 19, 2005 Location: USA Posts: 387	09-15-2007, 04:05 PM I work as a web designer for a technology company. The company covers a wide range of tech from installing networks to designing websites. I had to sign a Non-Compete Agreement before they would hire me. The agreement says I can't work for any company that would be considered a competitor for up to 2 years. If I ever leave does that mean that I wouldn't be able to freelance or work as a web designer for 2 years? I know what a Non-Compete Agreement is but unsure of what would be considered a competitor.
	QUOTE Thanks

JRV #5 (permalink)
Member Since: Feb 19, 2005 Location: USA Posts: 387	09-15-2007, 04:29 PM Monster.com says that they can only be enforced if they are reasonable. If they are too long or prevent you from working in your field all together they are usually thrown out.
	QUOTE Thanks

MikeYMS #10 (permalink)
Member Since: Mar 19, 2007 Location: Torrance, CA Posts: 428 Mac Specs: Mac mini w/ 2.33GHz Intel Core 2 Duo, 2GB 667Mhz DDR2 SDRAM	09-15-2007, 09:38 PM Technically I was in the same way with my prior company...usually that can be waived if you're on good terms with your employer.
	QUOTE Thanks

DaYCEnt #11 (permalink)
Member Since: Feb 18, 2007 Location: Knoxville, TN - USA Posts: 107 Mac Specs: iMac 20, Intel Dual Core 2.3GHz, 1Gb RAM, 256Mb Video; G4 tower 444Mhz w/ 1G RAM, 2x G3 towers	09-16-2007, 12:53 AM wow... nowadays, two years is ancient news in anything 'web'. i think that's a bit too much...
	QUOTE Thanks

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