Reply to Thoughts on non compete clauses? Anyone have one?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Except in some cases like law, I think they are pretty much garbage.  And even in law,[b] I think they should be restricted only to prevent people from stealing clients away from their previous employer.[/b]

It's just another way to hold a thumb down on employees who will be cast aside like garbage whenever it's convenient to their employer.  Luckily, they are often unenforceable.[/quote]

I use them for employees, but they are written to restrict competing with existing clients and prospects.  So you can't walk out the door, take the sales pipeline with you, and start calling into those accounts.  Those are 100% enforceable.  Saying you cannot work in the industry is typically only found in buy out agreements - that is, I bought your company from you, and you cannot start another one doing the same thing for a period of time (typically 5 years).  [/quote]

This is how it should be. But I have seen tons of these and this is not usually how they are drafted. Many times the employer is very overly broad. It is terrible. Unless you are in a state like Virginia that will just toss out the whole thing if it is too broad. And then it is great if you have the means to fight it. But too often low level employees are forced to sign them with no ability to fight. Awful. [/quote]

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