HP3000-L Archives

September 1998, Week 5

HP3000-L@RAVEN.UTC.EDU

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Subject:
From:
Tim Ericson <[log in to unmask]>
Reply To:
Tim Ericson <[log in to unmask]>
Date:
Wed, 30 Sep 1998 17:01:32 -0700
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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
 +-------------------------------------------------------------------+

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