Contract Clause.
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- max_prophet0
there's usually something about setting up a competitive business within a given area but never for employment/freelance and never for 2 years.
- The business seems reasonable, but fuck the two year employment drivel.chossy
- chossy0
Dinae sign fuck all stimmers.
- mistermik0
my old boss asked me to sign 18 month no worky contract if i left.
I pinned it to his notice board with a post it note saying "Think this needs work"
was never mentioned again.
- johnnnnyh0
In the UK that wouldn't be legal - you can't prevent someone from earning a living once they've left your employment. You can try . . . but it wouldn't stand up if challenged.
- thebottlerocket0
You may as well just get the offending clause removed to begin with. why open yourself up to potential problems in the future?
i had a simialr thing happen in Aus once (years ago). Luckily the girl i was seeing at the time, her brother, a very good employment lawyer said it is unenforceable, however, the best option was to remove the clause. There was a possibility that it could go to the courts if they chose to pursue it aggressively after you left. His position was "why would you potentially want that headache, even though you are in the right, it will no doubt cause some sleepless nights and stress...just get them to remove it".
- rafalski0
I signed one once, but it wasn't valid. They cannot prevent you from getting any sort of employment after you've finished with them. Nanny state watches our silly asses here and such contract wouldn't be legal.
- Point50
I ripped that page out of my hire packet/contract, then turned in everything else (like the insurance forms and direct deposit). The next day the lady in HR emailed me to tell me that my non-compete wasn't in the packet and that I'd need to fill out a new one. I walked down to her office and let her know that I would not be filling that out and to let the "bosses" know that. She did, and they said "that's fine" and that it "didn't apply to me". Meanwhile, a shitload of other people I know just signed it like it was the thing to do, no questions asked.
- silentseven0
You don't have to sign it.. I mean what are you going to do - go work for a competitor. I mean come on and if they are that litigious then you don't want to work there anyways
- VectorMasked0
I always thought the opposite.
It's more damaging for them to steal clients than to work in a place a mile away from their office.Most of the good agencies where I live are located in only 2 of the busiest and trendy areas of the city.
This would mean I'd have to commute for 45 minutes towards the outskirts of the city as there I might find some decent jobs. This would blow.
- silentseven0
This isn't talking about stealing clients its about working for a competitor.
- Soler0
pretty standard. all ad agencies have this to keep people from stealing their clients. if you work for a competing agency, its fine. they wont keep you from working.
- silentseven0
Make sure where you live they non competes are legal. In LA they aren't.
- All of California I meant.silentseven
- Even then if there is no monetary value placed on the signing of that contract its not valid.silentseven
- slappy0
I had one in my contract but crossed it out before settling the contract.
- VectorMasked0
btw... I only clicked on this thread coz without thinkg I thought it was about Santa Clause
*dumbass
- VectorMasked0
My contract had that clause.
2yrs too, and as far as I remember I could not even work in the area.
*refused to sign in. bosses did not insist.
Kinda get the feeling they all grab those contract from 40-dollar books on design contracts.
- d_rek0
I signed something similar when I joined the studio I work for - however the period was for 180 days and not (2) years. My understanding from the principals of the company that I work for was this - basically don't leave to work for a company that is going to take away business from the company you just got done working for AND don't leave, start freelancing and take your clients apple pie away from the company. At it's essence it means: Don't take the business we have away from us.
- 5timuli0
The section is called 'Restrictive Covenants' and it's in three parts. Part (a) is keep away from the clients, part (c) is don't steal staff, and then tere's this one, part (b). I've never seen it before.
- 5timuli0
It seems a bit excessive to me. I'm going to question it, just wanted to see what others think of it.