Non-Competition Clause
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- designer4rent
So has any employer ever asked you to sign one, and for it to last for 24 months. Mine has 12 months of not working for any company in the entertainment industry after leaving, is this right or possible. Plus working on the side has to claimed and sanctioned (per project) by the company?
advice?
- Jaline0
Did brains do this? I'll have a talk with him...
- yes I signed one nearly 2 years ago. Its basically the same thing for any competing company but they can't enforce it. Its more or less.Iggyboo
- More or less its to stop you from going to one of their clients at certain places others its for competition.Iggyboo
- and more importantly that shit is just a deterrent. Anything can be done.Iggyboo
- designer4rent0
noooo! somebody else lol.
- Mimio0
Sounds standard.
- acescence0
i've been asked to sign them, in california no less, where it is technically not legal. i think it has more to do with you not stealing their ideas and taking them somewhere else. i personally wouldn't really worry about signing it, if they really wanted to blow serious lawyer coin enforcing this, they are fucking stupid. disclaimer: i am not a lawyer.
- detritus0
Pfft, it's a fairly standard clause. I'd ignore it - it's nigh on unenforcable unless you directly target your previous employers' clients.
- ninjasavant0
I work in software, I can't work for or aid other competing tech companies for as long as I work here. I don't have any restrictions on working after I leave though.
- dan53820
thats pretty ridiculous.
- harlequino0
Generally they just mean that you can't poach their clients after you're gone.
Or, in other cases - say you work on a specific web campaign for Mastcrd, for example. You can't leave and work on the same campaign doing the same exact job someplace else.
They are standard.
- designer4rent0
problem is I am starting a company with brains no less. This would be a problem. Plus the money for this job is hilarious and really not enough to govern my creative time.
- VectorMasked0
I refused to sign one that was good for 6 months. They started with 12 months though and then 6 and I said "nope". They didn't even put up a fight and worked together without problems.
Those things suck and I'll always try reasoning before signing one.
- bukka0
yeah, its shouldn't say you can't work in the industry, that ridiculous.
It usually means you can't try to hire anyone from the company or go after any clients, until that time period is over.
- designer4rent0
I think I won't sign it. This isn't a permanent situation either.
- dont sign it. especially if you dont plan on being there for long term!!!!!Iggyboo
- MrDinky0
You can always argue that the contract deprives you of your livelihood. The word entertainment industry is very ambiguous.
It really depends on the company to exercise their rights. Most do not. It would be unrealistic to have that contract, which is standard, and exercise it in every profession then every one would be looking for different industry everytime. You can always ask them to narrow it down to specific direct competitors but that might cause more suspicion.As for working on the side, as long is it does not interfere with normal working business it should not matter. Also, if you are getting work from direct clients / former clients / or competitor on the out side of the norm.
In most cases, companies do not exercise it unless, you steal work / client, take others with you when you leave, you work directly to competitor where there is insider knowledge or information.
Dont worry too much about it.
- < This is true. NCA are notoriously difficult to enfore becasue by law they can not deny you a way to make a livingflashbender
- MrDinky0
IF you are starting a company on your own on the side, make sure that it does not competite with the current company. Meaning, no stealing clients or pitching to same clients.
- MrDinky0
And do not steal knowledge base from the current company to your own company at concurrent occurrence.
- flavorful0
Being competitive is what separates us from the animals...
Actually animals are very competitive too.
THEY ARE ASKING YOU TO NOT BE HUMAN!
GENERALIZE, OVER EMPHASIZE, BUT NEVER RATIONALIZE!
- Mimio0
//Cross your fingers when signing it.
- fyoucher10
I'd ask for specific companies/clients, then sign. Get rid of generalization.
- designer4rent0
man this is tough, I don't want to steal anything. I just feel this is unreasonable.