At 9/30/98 08:23 PM , Joe Geiser wrote:
>Tim (and everyone else)
<snip>

>> The one clause I am having a major problem with is the one that
>> says I won't work for any competitor, or anyone that has any
>> interest in any competitor, or anyone with any ties with any
>> competitor in any way for a period of 2 years after ending
>> employment with the company (and so far I have not signed this
>> contract because of this clause.)
>
>I would have a problem with that too.  Here in BSEPA, that's illegal!  No
>employer can force you into such an agreement, unless this was presented
>when you were hired.  If you had no knowledge about this when you were
>hired, you should be legally able to tell them "no, I won't sign this
>agreement unless this clause is struck".

It may be illegal in your state as well.  Check with an attorney.  Many
have a "free consultation", but sometimes you get what you paid.  In the
Washington DC area a 30 minute consultation runs anywhere from $75 to $150,
depending upon the attorney.  I'd consider it money well spent.

>I would tell them what parts you don't have a problem with, and tell them
>that you will not be restricted as to whom you would work for, and that the
>other clauses cover items such as trade secrets and such.
>
>Nope - I wouldn't sign it at all.  If they give you grief, you may want to
>run it by an attorney.  Heck, you may want to run it by one first anyway.

I agree, but I'd talk to the attorney first.  Just like computer technology
is always changing, so is the law, so what I was told about 15 years ago
probably doesn't apply now, but when I went through this I was told to put
a line through the paragraph, initial in the margin, and sign on the bottom
line.  I wrote a note at the bottom of the page saying that if there were
any questions to please call <attorney's name and phone number>."

The manager I reported to was very angry when he saw that I had modified
the document, and we walked right over to Human Resources (which was "the
Personnel Office" back then).  They didn't have a problem with it.  They
took it with a smile and we left.

A couple of days later the attorney I had spoken to gave me a call to tell
me that the corporate attorney had called him to "discuss my issues" and
that the outcome was that the document would stand "as ammended".

>Good luck!
>
>Best Regards,
>Joe

Yes, good luck!  ...but talk to an attorney.  Who knows what your state
laws may be!

John
--------------------------------------------------------------
John Korb                            email: [log in to unmask]
Innovative Software Solutions, Inc.

The thoughts, comments, and opinions expressed herein are mine
and do not reflect those of my employer(s), or anyone else.