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Why I Don't Sign Non-Competes

penguindreams.org

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Re: Why I Don't Sign Non-Competes

#2
I've had non-compete agreements provided to me to sign in the past, usually as part of a packet of things to sign. In each case I just pocketed them without signing them. I've never had a company come back later and demand that I sign the thing. If they don't do their diligence, I don't see why I should do it for them.

In other words, just because someone puts something in front of you to sign doesn't mean you have to sign it, or even comment or push back on it. You can just ignore it.

Re: Why I Don't Sign Non-Competes

#3
post #2

I've had non-compete agreements provided to me to sign in the past, usually as part of a packet of things to sign. In each case I just pocketed them without signing them. I've never had a company come back later and demand that I sign the thing. If they don't do their diligence, I don't see why I should do it for them. In other words, just because someone puts something in front of you to sign doesn't mean you have t…

In a similar light, there are many places that ask you fill out your social security number among other items on paperwork. 9/10 times they will never ask you to fill in the blanks you left out...

Re: Why I Don't Sign Non-Competes

#4
post #2

I've had non-compete agreements provided to me to sign in the past, usually as part of a packet of things to sign. In each case I just pocketed them without signing them. I've never had a company come back later and demand that I sign the thing. If they don't do their diligence, I don't see why I should do it for them. In other words, just because someone puts something in front of you to sign doesn't mean you have t…

I mean, I get that approach, but tbh I would rather hash that out with a company before I get hired rather than 4 months down the road when some HR person notices the paperwork is incomplete.

Re: Why I Don't Sign Non-Competes

#5
So recently I came across an Invention Disclosure agreement that a company wanted me to sign. The phrasing of this kind of threw me off:

"I will promptly communicate to the Company each and every invention, discovery or item of intellectual property made or conceived by me, either as an individual or jointly with others, during my period of employment, and I agree that any such invention, discovery or item of intellectual property which I may disclose to anyone within one (1) year after the termination of my employment shall be presumed to have been made during my period of employment hereunder and shall become the sole property of the Company."

At first glance it looks like a typical "I assign everything I invent while employed" deal, but the 1 year post-employment clause sure looks like a non-complete to me.

What do you think?

Re: Why I Don't Sign Non-Competes

#6
post #2

I've had non-compete agreements provided to me to sign in the past, usually as part of a packet of things to sign. In each case I just pocketed them without signing them. I've never had a company come back later and demand that I sign the thing. If they don't do their diligence, I don't see why I should do it for them. In other words, just because someone puts something in front of you to sign doesn't mean you have t…

I mean, I get that approach, but tbh I would rather hash that out with a company before I get hired rather than 4 months down the road when some HR person notices the paperwork is incomplete.

By that point, the paperwork is complete. The hiring completes the transaction as being satisfactory to both sides.

Re: Why I Don't Sign Non-Competes

#7
post #2

I've had non-compete agreements provided to me to sign in the past, usually as part of a packet of things to sign. In each case I just pocketed them without signing them. I've never had a company come back later and demand that I sign the thing. If they don't do their diligence, I don't see why I should do it for them. In other words, just because someone puts something in front of you to sign doesn't mean you have t…

Now if only I could do that with software-enforced EULAs.

You know, the things that nobody reads but generally sign away all your rights.

Re: Why I Don't Sign Non-Competes

#8

So recently I came across an Invention Disclosure agreement that a company wanted me to sign. The phrasing of this kind of threw me off: "I will promptly communicate to the Company each and every invention, discovery or item of intellectual property made or conceived by me, either as an individual or jointly with others, during my period of employment, and I agree that any such invention, discovery or item of intelle…

Run away. No client/employer is worth that kind of baggage.

It's even worse than a non-compete: instead of you simply being prohibited from competing with them, they automatically own your creations.

Re: Why I Don't Sign Non-Competes

#9

So recently I came across an Invention Disclosure agreement that a company wanted me to sign. The phrasing of this kind of threw me off: "I will promptly communicate to the Company each and every invention, discovery or item of intellectual property made or conceived by me, either as an individual or jointly with others, during my period of employment, and I agree that any such invention, discovery or item of intelle…

It's not just a non-compete, it's a non-work. (Or more realistically, non-enforceable.) It's basically saying that everything you make in the first year at your new job after leaving belongs to the company. Uh... no.
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