Alternatively, since you are being asked to sign a "Restraint of Trade"
agreement, put a price on it, and ask for compensation in return.

Neil


> -----Original Message-----
> From: Tim Ericson [SMTP:[log in to unmask]]
> Sent: Thursday, October 01, 1998 2:02 AM
> To:   [log in to unmask]
> Subject:      OFF TOPIC: Non-competition agreements
>
> Hello everyone,
>
> I need advice.
>
> I've been here (DenKor/Willamette Dental Group) for over 6 years,
> and have just been presented with a non-competetion contract that
> management would like me to sign (I already signed a non-disclosure
> agreement when I first started.)  A lot of it is what I consider
> typical, common-sense professional-ethics clauses:  I won't take
> any software with me; I won't work for a competitor while I'm
> employed here (conflict of interest); I won't do anything to take
> any patients from the company or cause the company any financial
> harm; anything I write is property of the company; etc.  No problem.
>
> 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.)
>
> My primary beef is that it is *possible* that a competitor would
> offer me a position *because* of my experience here, at a price
> I couldn't refuse (not likely, but possible.)  I want to be able
> to accept such a position with a clear conscience, and signing a
> contract with that clause would, I think, limit my viability as a
> prospective employee.
>
> I have no problem with the "don't steal any software" or "don't
> do anything that would hurt the company" ideas that are behind
> this contract, and am searching for a compromise that would let
> me keep my "viability" and let the company "protect" themselves.
>
> I guess my questions are:  Has anyone else encountered this type
> of contract?  What did you do?  How do you feel about it?
>
> One idea I've had so far is to become a contract employee, like
> many of the dentists are, with an agreed-upon starting salary,
> annual percentage increases, bonuses, benefits, and some sort of
> termination clause.  With this security, I think I'd be okay with
> the aforementioned aggravating clause.
>
> Anyone?
>
>  +-------------------------------------------------------------------+
>   My mind is my own, as are my ideas and opinions.
>   My heart, body, and soul, however, all belong to others.       Tim.
>  +-------------------------------------------------------------------+
>   Tim Ericson            tericson      DenKor Dental Management Corp.
>   Sr. Systems Analyst     at denkor    503-526-4440 (my direct number)
>     (& Systems Manager)     dot com         http://www.denkor.com
>   Programming HP3000s since 1983!      Quality dental care since 1970!
>  +-------------------------------------------------------------------+
>   UDCs and Command Files:  http://www.denkor.com/hp3000/command_files
>  +-------------------------------------------------------------------+