Tip: No-Compete Clauses
Friday December 26, 2003
Heading down the street to work for a competing ad agency? Unless you've signed a no-compete clause, you're free and clear to cross over to the other side. But some ad agency employees are finding a new piece of paper coming across their desk before their two-week notice is up: the no-compete clause.
Unless you were given an employee agreement or contract that said you have to sign a no-compete up front or at the time of your departure, you're in the clear. Signing a no-compete means your new job at a competing agency could be affected.
Unless you were given an employee agreement or contract that said you have to sign a no-compete up front or at the time of your departure, you're in the clear. Signing a no-compete means your new job at a competing agency could be affected.
Comments
Which goes against the practices of the Free Market. Take the low road: Make your signature unlegible - fight it in court, and get behind the libertys of the Free Market ! Then, find your congressman and write him/her direclty to have them abolished both here in the United States and Over-Seas contracts.
The No-compete clause may be a law that needs to be examined. I don’t see how it can be enforced when each employee has been trained with specific skill sets and those skill sets provide food on the table. That is the bottom line. Employees are AT WILL in most States, they can’t be both at will and not able to go to a competitor at the same time. Remember, Laws were made not only to break them, but to examine them.
Is a non compete clause enforceable if you did not sign one at time of hire but were forced to sign one a year and a half later under the implication that you would not have a job if you do not sign?
I am in a situation like randi who left the comment about be ask to sign a non-compete clause after being hired more than a year and a half ago. Does anyone have an answer?
How can that even be enforceable and legal to throw a non-compete at somebody after they were hired and is now leaving. That should not even be legal. In fact, all non-compete contracts should be abolished period. What I do outside of my employer’s time or employment should NOT be controlled whatsoever! I agree with Janessa, we need to provide food on the table and pay the bills, they should not limit us from doing that.
Whether a noncompete or nonsolicitation agreement is valid depends on the applicable state law. I believe that these types of agreements create obstacles to innovation and are bad for the American economy. My law firm represents employees fighting these unfair agreements and we write about the issues on our blog - Virginia Non-Compete Law Blog - http://virginianoncompete.blogspot.com/
T. Daniel Frith, III
Frith Law Firm, PC
303 Washington Avenue, SW
Roanoke, VA 24016
Phone: 540.985.0098
Fax: 540.985.9198
Toll-free: 866.985.0098
dfrith@frithlawfirm.com