51–60 of 269 posts
So happy my union managed to ban broad non-competes in my country ~8 years ago. Now it needs to be very specific if they want to enforce it (not just "development work in the same industry" which most contracts had back when I graduated), only applicable for maximum a year, and they have to pay your salary for the time they stop you working somewhere else.
[flagged]
So happy my union managed to ban broad non-competes in my country ~8 years ago. Now it needs to be very specific if they want to enforce it (not just "development work in the same industry" which most contracts had back when I graduated), only applicable for maximum a year, and they have to pay your salary for the time they stop you working somewhere else.
[flagged]
So happy my union managed to ban broad non-competes in my country ~8 years ago. Now it needs to be very specific if they want to enforce it (not just "development work in the same industry" which most contracts had back when I graduated), only applicable for maximum a year, and they have to pay your salary for the time they stop you working somewhere else.
[flagged]
I think the Chinese law is effective in this regard: in order to maintain any non-competition agreement, the company must continue to pay you a monthly compensation amount equal to 30% of your total monthly income when you were at the company. Whenever the payment stops, the non-competition agreement is automatically void.
> They argue it would be impossible for you to work elsewhere in this industry during your entire career without violating confidentiality with the technical and business instincts you bring to that domain In that case you need to ask for a lifetime worth of salary, including growth from being in position to be put in escrow before you sign the dotted line. Otherwise they can hire you and fire you immediately and you…
Realistically, most places ban ‘unconscionable’ contract clauses, either explicitly or by making them unenforceable. At least in theory, any judge that saw clauses like that should throw it out for that reason alone in those jurisdictions.
Have an employment attorney always look over said agreements before signing. A local acquaintance who did work for an MSP had said MSP try such a ploy, only for the employment attorney to sue and get it thrown out as unreasonable and unenforceable. Never, EVER sign a contract without reading it first, and having your lawyer review it.
I understand that your advice is in good faith - but if we touch grass for a second, only the tiniest fraction of even professional workers have a lawyer at hand. And one that specializes in contract law? Even less.
It's funny how states like Washington are notorious for enforceable non-competes, to be "business friendly". Meanwhile California bans non-competes, and its GDP is 4th largest in the world if it were a country! "incumbent friendly" vs "startup friendly"
What exactly should one be on the lookout for? Practically every company has an IP confidentiality agreement.
Yeah, good luck being the odd one out who wants special individualized contract. This might work for unicorn value level employees that are poached from one FANG to another but not for the average Joe.
You can change these contracts. Hiring people is difficult and once the company has made that decision they don’t want to lose you over a contract clause.
In some countries that's illegal. So when presented with a contract that contains such claims, I have 2 options: 1) ask them to remove it... and so I risk not getting the job 2) don't say anything, and sign it If I'm really interested in the job, I'll go for option 2 because I know they cannot enforce such claims, so I'll be fine.
I think the Chinese law is effective in this regard: in order to maintain any non-competition agreement, the company must continue to pay you a monthly compensation amount equal to 30% of your total monthly income when you were at the company. Whenever the payment stops, the non-competition agreement is automatically void.