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Why I Don't Sign Non-Competes

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Re: Why I Don't Sign Non-Competes

#291

Post by Carioca »

otterley wrote: post #56
Carioca wrote: post #18

Earlier quoted context omitted.

I've had an HR person tell me I needed to sign an NDA on the day I quit because it was missing (they forgot to hand me mine the day everyone got theirs). It included minimum damages of one year's salary for ANY breach. I had a lawyer friend write a much nicer and more reasonable version and told them that was the most I would sign. The only reason I even signed anything was to preserve the connections I had made ther…

It’s pretty typical to be asked to sign an NDA or other restrictive agreements at termination time if you’re getting a severance payment or other benefits that you wouldn’t otherwise get if you were voluntarily leaving the company. What were the circumstances in which they asked you to sign?

I was just getting standard severance mandated by law (here in Brazil), but I was going to a sort-of competitor: both company were incubators.

Re: Why I Don't Sign Non-Competes

#292

Post by Carioca »

paulie_a wrote: post #130
Carioca wrote: post #18

Earlier quoted context omitted.

I've had an HR person tell me I needed to sign an NDA on the day I quit because it was missing (they forgot to hand me mine the day everyone got theirs). It included minimum damages of one year's salary for ANY breach. I had a lawyer friend write a much nicer and more reasonable version and told them that was the most I would sign. The only reason I even signed anything was to preserve the connections I had made ther…

Connections aside, if they weren't offering substantial benefits after you left why even bother to sign anything? They want one year in damages for breaching the contract? They can pay for 1 year of salary.

None, it was really just the connections.

Re: Why I Don't Sign Non-Competes

#293

Post by [deleted] »

jonathanstrange wrote: post #288
Terr_ wrote: post #280

Earlier quoted context omitted.

I don't know, this sounds a little bit like that sovereign citizen "wrong flag in the courtroom" stuff. Even if they haven't replied, the original contract is still sitting there clearly stating that a certain set of assumptions are in place if you use the software. I don't see any way to argue that a non-reply implies consent to new terms or abandonment of any terms.

A contract is only valid if both parties agree. If one of them explicitly disagrees, the contract is definitely not valid.

[deleted]

Re: Why I Don't Sign Non-Competes

#294

Post by psychobabble »

tomohawk wrote: 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…

You can amend any contract given to you before signing and dating. Simply cross out the sections you do not approve of and initialize the amended sections. I have done this several times with both contract clients and employers and not yet been met with any opposition, but it always went a bit different each time. Every time I advised the employer or client of the contract amendment, sometimes with no detail, sometimes with reasons why. Only once did the customer sign and give me a copy of the amended contract, while in his presence at the office, no questions. All other times the employer or client never sent me a co-signed copy of the contract, but things went forward and I was paid.

As others here have already suggested, I would agree that not signing the given contract and just going forward is not the right approach if you truly want to avoid the non-compete trap. Instead, amend the contract (or have a new contract drafted, as also mentioned earlier) and return it signed; it shows both your commitment to the work, and your attention to detail. The ball is then in their court. YOU now possess an amended, signed and dated copy of THEIR contract, returned to them along with an advisory of amendment.

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