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Subject:RE: Consultants:Dim or Delete the Non-Compete? From:"David Knopf" <david -at- knopf -dot- com> To:"TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com> Date:Fri, 15 Mar 2002 11:19:01 -0800
Andrew Plato wrote:
| So, I wouldn't expect an agency to eliminate the non-compete. But
remember
| they can only really restrict you from seeking direct opportunities at
the
| place you are working.
It sounds like Andrew's company has a fairly worded non-compete clause.
I have seen quite a few that were not (and that I refused to sign). It's
common for agencies to extend the non-compete to cover all of the
agencies clients instead of just the companies they place you with (or
introduce you to). Also, if an agency is placing you with IBM, it's
reasonable for them to insist that you not work directly with that
particular *part* of IBM for a particular period of time (usually a
year), but to bar from working with *any* part of IBM really isn't fair.
I was once handed a contract with a non-compete clause that lasted 10
years, a term that is clearly not reasonable. (My attorney at the time
actually told me not to belabor the point because the provision, as
written, was completely unenforceable.)
Agencies need non-compete clauses to protect their businesses. As long
as they are fair, contractors who choose to work through agencies will
generally have to accept them. However, I think it's important to pay
attention to the *scope* of the provision so that you do not agree to
too much.
WebWorks and RoboHelp Certified - RoboHelp MVP
Member, RoboHelp Advisory Board & JavaHelp 2.0 Expert Group
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