lame employee agreement

[Yossarian]

I've worked at my present company, call it Company A, for several years now. Every year HR likes to update the employee agreement, usually with some retarded new provisions. This year, they added this:

If you leave Company A for any reason and go to work for a competitor within 3 years, you have to let Company A know. They will then contact your new employer and remind them of your responsibility to protect Company A's intellectual property.

So I have refused to sign it because I think it's ridiculous. I'm clearly aware that I can't give away any of my present employer's IP. But I think they have no right to know where I go or what I do after I leave. I told HR that I have no problem protecting their IP but they have to delete this new bit before I'll sign it.

What do you think? Am I on the road to unemployment?

 

[Kalmah]

I'd do the same.

 

[guyver01]

Your attorney can advise you about the pros and cons of agreeing to the various provisions

 

[olds]

Do something totally off the wall and unheard of. Ask your employer what the policy is.

 

[mugs]

Originally posted by: guyver01
Your attorney can advise you about the pros and cons of agreeing to the various provisions

Welcome to Anandtech, where everyone has an attorney on retainer.

 

[Beanie46]

And you think they cannot find out where you work without you signing the agreement? That's funny!

 

[xSauronx]

ridiculous, especially if you signed an NDA already. more ridiculous if this is as close to an NDA as they have.

 

[MichaelD]

I agree with your line of thinking and would have probably done the same.

However...(there's ALWAYS a "however") when you work for a company, you basically have no rights AFA "their property" goes. Every single keystroke you make on a company computer is subject to observation/scrutinization/interpretation...and that's the way it goes.

If you don't agree to sign the new HR form, I'm sure there's a sub-clause hidden somewhere that they can use to fire you...I'd read ALL the current HR rules/regulations in their entirety before signing/refusing to sign.

 

[Yossarian]

Originally posted by: oldsmoboat
Do something totally off the wall and unheard of. Ask your employer what the policy is.

great idea. but I think the policy is "If you leave Company A for any reason and go to work for a competitor within 3 years, you have to let Company A know. They will then contact your new employer and remind them of your responsibility to protect Company A's intellectual property."

 

[guyver01]

Originally posted by: mugs

Originally posted by: guyver01
Your attorney can advise you about the pros and cons of agreeing to the various provisions

Welcome to Anandtech, where everyone has an attorney on retainer.

Well, if he's questioning the legality of an Employment contract, one that's being modified AFTER emplyment.... and he DISAGREES with the contract...

i would definitely suggest a legal consultation.

if the company is making it a "term of employment" .. and you won't sign it... you won't be employed.

 

[waffleironhead]

Is there a consequence for not letting them know your new employer?

 

[Yossarian]

Originally posted by: Beanie46
And you think they cannot find out where you work without you signing the agreement? That's funny!

I didn't write that. Probably isn't too challenging for them but the point is I don't want to be burdened with any kind of communication to the company after I leave.

 

[Yossarian]

Originally posted by: xSauronx
ridiculous, especially if you signed an NDA already. more ridiculous if this is as close to an NDA as they have.

There is a separate NDA.

 

[olds]

Originally posted by: Yossarian

Originally posted by: oldsmoboat
Do something totally off the wall and unheard of. Ask your employer what the policy is.

great idea. but I think the policy is "If you leave Company A for any reason and go to work for a competitor within 3 years, you have to let Company A know. They will then contact your new employer and remind them of your responsibility to protect Company A's intellectual property."

Ah, I can now see how little things escape the grasp of your huge brain.
You question was: "What do you think? Am I on the road to unemployment?"
So humor me and do this: Ask your fucking employer what the policy is for not signing. Then and only then will you have your answer. What you do with the information is up to you.

 

[Yossarian]

Originally posted by: oldsmoboat

Originally posted by: Yossarian

Originally posted by: oldsmoboat
Do something totally off the wall and unheard of. Ask your employer what the policy is.

great idea. but I think the policy is "If you leave Company A for any reason and go to work for a competitor within 3 years, you have to let Company A know. They will then contact your new employer and remind them of your responsibility to protect Company A's intellectual property."

Ah, I can now see how little things escape the grasp of your huge brain.
You question was: "What do you think? Am I on the road to unemployment?"
So humor me and do this: Ask your fucking employer what the policy is for not signing. Then and only then will you have your answer. What you do with the information is up to you.

great, thanks for adding a lot to the discussion. appreciate your insight.

 

[olds]

Originally posted by: Yossarian

Originally posted by: oldsmoboat

Originally posted by: Yossarian

Originally posted by: oldsmoboat
Do something totally off the wall and unheard of. Ask your employer what the policy is.

great idea. but I think the policy is "If you leave Company A for any reason and go to work for a competitor within 3 years, you have to let Company A know. They will then contact your new employer and remind them of your responsibility to protect Company A's intellectual property."

Ah, I can now see how little things escape the grasp of your huge brain.
You question was: "What do you think? Am I on the road to unemployment?"
So humor me and do this: Ask your fucking employer what the policy is for not signing. Then and only then will you have your answer. What you do with the information is up to you.

great, thanks for adding a lot to the discussion. appreciate your insight.

DOH!
:beer:

 

[Aluvus]

If you used Company A as a reference when applying for a new job, then they would find out anyway.

 

[mugs]

Originally posted by: Yossarian

Originally posted by: oldsmoboat
Do something totally off the wall and unheard of. Ask your employer what the policy is.

great idea. but I think the policy is "If you leave Company A for any reason and go to work for a competitor within 3 years, you have to let Company A know. They will then contact your new employer and remind them of your responsibility to protect Company A's intellectual property."

Since you are already an employee, and signing this agreement is a condition of continuing your employment, that may be considered duress which could invalidate it. But I'm not a lawyer, I'm just pretending I know what I'm talking about. The reality is, it's highly unlikely that your employer would ever act on that agreement unless you did violate their intellectual property rights while working for a competitor. I see no good coming from fighting with your company over this. Sign the agreement, and if you forget to notify them in the future, you forget. No big deal.

 

[tyler811]

yes

 

[oiprocs]

Originally posted by: tyler811
yes

I believe the answer is no.

OP, just ask the company what the policy is for not signing. I would think they'll say nothing but really mean "you might get fired if you're expendable".

 

[olds]

Originally posted by: scorpious

Originally posted by: tyler811
yes

I believe the answer is no.

OP, just ask the company what the policy is for not signing. I would think they'll say nothing but really mean "you might get fired if you're expendable".

:shocked:

 

[Vortex22]

1. Sign agreement
2. Get job with competitor
3. Don't tell company A
4. ...
5. Profit?

 

[eakers]

my company does the same thing