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Subject:RE: Consultants:Dim or Delete the Non-Compete? From:"John Locke" <mail -at- freelock -dot- com> To:"TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com> Date:Fri, 15 Mar 2002 09:31:34 -0800
Andrew Plato writes, about non-compete agreements:
> Its actually a pretty simple agreement. You are getting a contract job
> in exchange you are agreeing not to pursue independent work with the
> customer for a period of time.
Note: I am not an attorney, so I echo the advice of consulting one if
you still have doubts.
What's been missing so far from this discussion is an actual look at the
terms of the non-compete agreement. I've seen several different
versions, ranging from essentially "You can't work for any client we've
sent you to for x months, without going through us" (agencies) to "You
can't work for any of our competitors for x years" (direct clients, in
my main industry).
I have no problem with the former--the agency found me the job. I can
give them a cut of anything that works out.
I have a big problem with the latter. The client that gave me the worst
one changed the terms to be more specific about their competitors,
adding a definition that made it so they really had no competitors at
the time--but if one started up with exactly the same products/services,
I couldn't work for them for a year. That's where we agreed.
Take a look at the terms, recognize that the agency/client has a (real
or imagined) need to protect their business interests, and don't sign
anything that'll keep you up at night.
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