*** **** ******* *********** were *** ***-******* ********** were
- ********** ***** ********** ** employee ********
- ********** *********** **** ******** clients
- ********** ************** **** ******** clients
*** **** ******* *********** were ******* ***-******* ********** were
- ***** ** ****** ** seek *** *************
- ***-******** *** ******* ** unenforceable ** **** *************
- ****** ********* ** **** non-compete ********** ****** * breach ** ***** **** them
For - ******** ******* ********** ** ********
********* *** ***** ***** employees ** *** *** certifications **** ** ** assured **** **** **** get * ****** ** their **********.
- "******** *********** ****** ** protected ******* ********* ****** hopping ******* *********."
- "*********** ****** * *** of ***** ** *********** to ***** ****."
- "** *** ******* * am ******* *** ** investing *** ***** *** time ** ******* ** talent * ****** ** willing ** **** **** my **** ****** ** succeed."
- "*'* *** *** **, after ********* **** *** money ******** ********* ** serve ** * *** of **********."
- "** **** **. ******** investments ****** ** ********* against ********* ****** ******* between *********."
For - ******** *********** **** ******** *******
*********** ***** **** *********** with ************* **** ******* will ** ** ******* company *** **** ***** clients **** ****.
- "***** **** *** * necessity *** ***** ****** that ***** **** *******, customer *********, *** ******** and *** **** ** harm *** ******* **** are *******."
- "*** ** *** ******** and ***** ******."
- "*** ** *********** *********."
- "********** *** *****, * do *** **** ***** personnel ******* *** ******** customers **** ****."
- "* ***** ** ** fair ** **** ***** people **** *** ******** that ** *** ***** them ** ***** *** accounts **** **** ******** while ** *** ****** of *** ******* - company ********* **** **** to ****** *** *******."
- "***** ***** ** ***** to *** ******** ** sales ******* *********."
For - ********** **** ************** ******** *******
*********** ***** **** ************** will ******** **** ** approaching *** ***** *** offer ** **** *** them ********.
- "** **** **** **** them."
- "***-******** *** * **** when ** ***** ** using **** ******* *** can "***** ** ***" in ********."
- "** ** *** **** non-competes, ****** ** ** were ** **** * subcontractor *** ****."
- "* ****'* **** * sub **** *** ****, and ** **** ** our ****** *** ****** them **** ** **** for ***** *** **** we **** ****** *** to ** *** ****. That ****** ******* *** to *** ** ******* then **** *** **** with *** *** *** all * *********. **'** going ***** *** ****** client *** *** ***'* go ***** *** ***."
Against - ***** ** **** ** **** *** *************
*********** ***** **** ***-******* agreements ******** *********' *******.
- "** ** *** **** such *********. ** ** against **** ******."
- "******* ** ********* ***'* potential."
- "******* ***-*******. ****** *** prospects *** *********** *********."
- "*'* ********** ******* **. Employers ****** *** **** the ***** ***** ** choose ***** ** ********** works ***** ******* * company, ********** ** *** employee *** *** **."
- "******* **. **** ***** a ******* ***** ** earn * ******."
- "**** ** ******** **********, having **** ******* *** you ** **** ********* that ******* **** ******* to **** * ****** seems **** ************, ** the *****."
- "******* **. **** ********* limit ****** *******. *** non-competes * **** ******* to **** ***** **** limited ** **** ******* for *********** (***** * understand) *** **** **** any ******* ** *** business ****, ******* *** manufacturer ** ********. ******* unacceptable. * **** ****** security ** ** ******, I ***** ** ******** over ** *** ***** industry."
- "* ***** **** ** think * *** **** anywhere * ****, ********** if ***** ** * better *********** *** ** at * ********'* ** competitor's ********."
Against - *************
***-******* ********** *** ****** restricted, *************, ** ******* in **** *************, ********* them ****.
- "*** *********, **** *** basically *************."
- "* **** *** ******* non-competes ** ***** ****** unenforceable, ***** *** **** & ********** ************ **** to ***** *** ************."
- "*'** **** **** **** don't **** ** ** NC."
- "**** *** ********* ** enforce, *** *** ***********, who *** ****** *********, they *** ********** ******* by *** ******."
- "*'* ** *** ************* that ***-*********** ********** ** not ***** ** ** court."
- "**'* ****** *** ** issue ** **, ** the ****** **** *** Void."
Against - ****** ** ***** **** *********
********* *** ******* ***** creating *** ***** ******* themselves *** ***** *********.
- "** ********* ***** ***** employees ****, **** ******'* worry ***** *** ********."
- "** * ******* ***** to **** ** ******** treat **** ***** **** won't *****. ** ******* them ******* *** ****** hand ***** ** **** so **** **** ***** leave."
- "***'* **** ****. ***** factor ** ****** ****** you ***** ** ****."
- "******* **. ** *** cant ***** **** *****, don't **** ****."
- "** **** ** ****** an *********** ***** ********* want ** ****, **** opportunities ** **** *** advance. ** ***'* **** to "*****" ** "****" employees ** ******* * non-compete ********."
Balanced / **********
******* ********* *** *** advantage ** ***-******* ********** but ******* **** ***** never **** *** **********, as ***-******* ********** *** all *** ***** ** the ***** ** *** employer.
- "* ***** ** ** owner **'* * ******** tool. ** ** ******** it *** ** *********."
- "*'* *** ** ** long ** *** ****** is **** ** **** sides. ** ****** ***** be **** ********* ** i *** ** **** a ****. ** ****** are ***** ** ***** for ******* ******* *** can't ******* **** ***%. The ******* ***** ***** needs ** **** * little **** ***** *** that **** ******."
- "******* ** *** ***-*******. We **** ** **** them ****** ** *** employees ** ** ******* wants ** ** **** it ** ** ********** then * ***** **** to ***** *** *******."
- "**********, * ******'* **** one, * **** ** interest ** ******** **** we *** *** *** not **... ** **** all ** *** **** sign ***-******** *** *** employees."
- "* ** ** *** fence ***** ***-********. * think **** *** **** in *** ***** *****, however * ***** **** are * *** **** for ********* *****. * think **** *** * necessity *** ***** ****** that ***** **** *******, customer *********, *** ******** and *** **** ** harm *** ******* **** are *******. *** *** technicians **** ** **** left ** * ********** most *** ***** **** with * ********** ******* because ** *** ******* manufacturers ******* ** ** integrator ** **** ** the ****** ******** *** integrator ***."
- "***********. * *** *** advantages *** ************* ** both ***** ** *** argument. ***, *** ******** owner ***** ** ******* its *** *********, *** an ******** ****** *** have ** ** *** through *********** ******** ** leaving * ******* ** work *** ******* ***."
- "* ********** ***** ****** for ********* *** *** a ******** ***** **** them. ******* * ** not ***** **** ****. I ***** **** ** a ****, ****, & competitive ****** **** ****** not ** *********. ** a ******** ** ****** care ** *** ********* and ********* ** *** best ** *** ******* a ***-******* ** *********. Since ** ***'* **** in * ******* *****, and ** *** ********* people, **** ********* **** we *** ***-******** ** protect ********."
Options - ***-************
***-************ ************* ******* ****** **** is **** ****** / restrictive ** *** ********. With * ***-************, *** goal ***** ** ** prevent *** ******** **** selling ** *** *******'* existing ********* ** ********** former **-*******. ** **********, not ******* ** *** company's ******** ********* ********* potentially *** **** ***** element ** ***********, **** a *** *********** ** manager **** ** * rival ********** *** ******* succeeds ** '********' **** account. ** ******, **** the ******** ** *** end **** **** ********* their ******* ** ****** a *** ********** **** a ********* *** *******.
Comments (37)
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Undisclosed #1
I loath non-compete agreements. It shows you do not trust your employees. If you do not want your talent to leave after training them, treat them right and pay them competitive salaries.
What if you sign a non-compete and your employer, lays you off, decreases your pay, or takes away your benefits? There has to be a clause in there that protects employees, right. If not, employers can treat you like trash and walk all over you.
I am OK with Non-solicitation, but non-competes are a joke. IMO
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Christopher Freeman
Trust , Thats the name of the Game , But Respect goes right with it.
Vetting, backgrounds, training to company standards and expectation s also prevent the need for Non Compete clauses
If someone Does not have any integrety , why would you hire them anyway.
Good Background investigation is the answer
Siemans it a good example of this .
Could take up to a year to get vetted.
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Undisclosed Manufacturer #2
I won't sign one. If you don't believe your company can provide enough value for me to work there, how can I tell customers that we'll provide enough value to buy my stuff?
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Sean Nelson
06/12/17 05:37pm
I used to be for Non-Compete's, but I think its just too damaging to the employee's future. Plus you have to understand these facts:
- if a superstar employee leaves to go work for someone else, it may be your fault either for good or bad. Dont hinder someones growth because you cant afford it or that the employee cant stand working for you or would rather work for someone else.
- If a significant part of your business is leveraged on one employee then your not doing your job as a business owner providing more value to your business. All your value is in the superstar employee.
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Cameron Javdani
06/12/17 05:47pm
Here in California, employee non-compete agreements are void. There are other laws that protect trade secrets from being shared with competitors once an employee leaves.
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Christopher Freeman
like access codes, passwords, and such that you can get from anyone on the internet and download info that is suppose to be secret.
this is why many company's dont let installers have any programming info.
Yet I constantly get upload, download info from support to help them accomplish those take overs.
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Christopher Freeman
It is at the point where , when we take over a system , we replace it
even if new Dmp, bosch, adt or what ever
Non Compete's Just keep management thinking they still have some control in the process.
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Rich Moore
I started working with the company I am with now 4 years ago. I came on board because the employee before me quit and took the client list with him to the competition and was already calling them to switch. My first day wasn't on training to learn cameras but rather to keep the clients. I asked them why they didn't have a non-compete and they said they didn't think they'd ever need one. Lesson learned. The irony is that the number one reason why people didn't like us before I came on board, was the the previous rep never returned his phone calls.
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Undisclosed Manufacturer #4
As leader, in large organizations, with plenty of lawyers and money to spend, my experience is that:
- Non-solicitation clause is applicable and can be reinforced. Now, as plaintiff you will have to prove the damage cause by the employee.
- Confidentiality clause can be reinforced. Again, you will have to prove the damages.
- Non-compete are rarely enforceable, except if you pay the period for which you prevent an employee to find a job (and support his family). If you don't pay the non-compete period.... the best you can do is be a pain on the back and slow down an employee hire, rarely you can stop it.
My two cents, one man experience.
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Undisclosed Integrator #3
Another Problem with these kind of agreements is that it set up and attitude between the employee and employer
Instead of these agreements you want to set of a progressive step program which rewards the employee as they achieve steps and earn their way up the ladder to management and rewards as they become a better asset to the company.
You get a higher trust level with each step upward in the co. 1,3,5,7,10,20 program. manager s always at the 10,20 level and rewards for sucess.
It is all about perks, Benefits , not always about Pay, Money
This Create Loyalty and is a success driven approach
and the employee see s a reason for success , instead of just making some one else rich.
Success,Rewards, Discipline
this also keeps out the disloyal employees early on .
I have met and Just met a great employee of another company who loved his job, was proud of his company, and touted about what his company does for him and I really enjoyed working around him.
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Undisclosed Integrator #5
I strongly feel that non-competes limit employee mobility and bargaining potential, contributing greatly to the wage stagnation and decline of the middle class. I understand wanting to protect your training investment and preventing solicitation of your clients. There are other methods of achieving both these goals. Is a golden shackle really worth keeping a unhappy employee locked into a position they do not enjoy? How about a reasonable non-solicit and pre-training agreements to reimburse for paid manufacturer training?
if you have that many concerns about employees leaving for greener pastures how about greening your pasture up a bit rather than planting a leash with a peg?
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Undisclosed Integrator #3
I looked at bidding a Project for a International company and turned it down due to the sensitive nature of the contracts and agreements .
Sensitive Jobs Demand Great enforceable agreements
This is were their can be no compromise.
If you work in this type of environment, this is a risk you take
So the real issue here is not the agreement or contract not to compete
it is Attitudes, Integrity, Reliability, and what is being protected.
Siemans , RFI, Adt and lot s of others ( I cannot mention ) have these agreements in place and live by them in order to maintain strict confidentiality.
There has to be a level of protection in place for both parties involved.
I worked with several tech's on various project s who told of instant termination from company's which they were told they violated the trust, process, protocol of the company standards.
So these do work and are in place with high tech , they have to be. NO Choice due to the caliber of people and nature of work and projects
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Undisclosed Integrator #8
I have to wonder what our demographic is made up of for IPVM members. I have nothing but intuition to go off of but I imagine that there are more owners and management that subscribe than technicians, which could skew the results towards favorability of NCA's. The results are interesting to me either way.
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John Honovich
Interesting lawyer's post on LinkedIn advocating against application of non-competes:
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