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 > +-------------------------------------------------------------------+