Re: LAW: (long) enforceability of non-compete agreements

Subject: Re: LAW: (long) enforceability of non-compete agreements
From: Kathleen Frost <kfrost -at- BTSQUARED -dot- COM>
Date: Tue, 15 Jul 1997 10:53:47 -0400

John Gough has a point about experience in one field getting you the next
job in a similar field but you do need to watch how you interview and
accept employment with the next potential employer. Recently, I worked on
a project for a new type of pager. When I put out resumes near the end of
the contract, I have one firm who, at first, rejected me because of my
rate. Since I needed a short term assignment, I told the agency it was
negotiable. Then, after reviewing my resume, the company was suddenly very
interested. I went to the interview and soon learned they were producing a
similar product. They knew this from my resume but pretended to be
surprised at the coincidence. That made me suspicious. I was very
tactful but didn't give out any sensitive information during the interview.

Later that day, I had the agency inform them that I had accepted another
position. The interviewer called me and offered me a full time position
with their company (one that was not available just a few hours before),
promising more money though I had never mentioned a figure. When I
refused, he still offered to "buy you a cup of coffee and pick your brain."
(A good deal for him if I was willing to spill all for a cup of coffee.)
Needless to say, I refused, then contacted the agency about the
questionable tactics of the company they were doing business with and my
former employer to tell them someone was trying to get proprietary info. I
realize the job offer was just an attempt to get information and I probably
would have been released as soon as they got what they wanted. They aren't
stupid. They know if you would betray another client to them, you would
give their secrets to someone else.

Be careful out there. Whether you intend to or not, you could violate
those non-compete or non-disclosure agreements very easily. At best, you
ruin your own reputation; at worst, you could get into a lot of legal
trouble.

Kathy Frost, working in an entirely new field, and having opinions all my
own.
KFrost -at- BTSquared -dot- Com
Bumper sticker seen recently: "Politicians are like baby diapers. They
need to be changed just as often and for the same reasons."

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