HP3000-L Archives

September 1998, Week 5

HP3000-L@RAVEN.UTC.EDU

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Subject:
From:
Joe Geiser <[log in to unmask]>
Reply To:
Joe Geiser <[log in to unmask]>
Date:
Wed, 30 Sep 1998 20:23:44 -0400
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Tim (and everyone else)

> 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 non-disclosure is typical --- a non-compete is usually presented if you
work for a vendor, and even then, unenforceable unless you utilize trade
secrets from your former employer without their knowledge or consent.

> 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".

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.

Good luck!

Best Regards,
Joe

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Joe Geiser, Senior Partner, CSI Business Solutions, LLC
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