Non-compete agreements

[Cerpin Taxt]

I'm interviewing for a job with one of my company's competitors. When I took my current job, I signed a non-competition and non-disclosure/confidentiality agreement. The real problem is that I lost my copy of the agreement when I moved last year.

My understanding is that they sometimes hold up, depending on what state you live in, and whereas California doesn't acknowledge them, Washington (my home now) does back them.

I also believe that the plaintiff must show damages in order to bring a claim, and the particulars of the potential job-change might just let me squeeze through that loophole. You see, the new job I may take would place me in a market area that -- while technically part of my current territorial responsibilities -- has been relatively un-developed by me so far. That is to say, my going to work with the new job would put me in a position where it could be argued that I am not encroaching on my present employer's business.

Anyway, I gotta run out for a while, but I'd like to know what others' experiences are.

 

[AgaBoogaBoo]

Just don't mess with the business of someone you signed it for.

Also, in order to be held up in court, they must be for a reasonable time and agreement.

Usually, the company is just covering their end so that you don't try to steal work from them or something like that. I wouldn't worry about it unless it becomes a conflict of interest.

 

[JS80]

That VP at MSFT skipped ship to Google back in the day and MSFT sued but I don't think anything happened. I wouldn't worry too much if you're not at management level.

 

[thepd7]

Originally posted by: Garth
I'm interviewing for a job with one of my company's competitors. When I took my current job, I signed a non-competition and non-disclosure/confidentiality agreement. The real problem is that I lost my copy of the agreement when I moved last year.

My understanding is that they sometimes hold up, depending on what state you live in, and whereas California doesn't acknowledge them, Washington (my home now) does back them.

I also believe that the plaintiff must show damages in order to bring a claim, and the particulars of the potential job-change might just let me squeeze through that loophole. You see, the new job I may take would place me in a market area that -- while technically part of my current territorial responsibilities -- has been relatively un-developed by me so far. That is to say, my going to work with the new job would put me in a position where it could be argued that I am not encroaching on my present employer's business.

Anyway, I gotta run out for a while, but I'd like to know what others' experiences are.

Doesn't sound to me like you are in the clear, are you bringing in enough revenue to make your old company go after you?

 

[nageov3t]

just be sure you leave on good terms so they're not looking for a reason to try and screw you over.

and maybe try and avoid mentioning exactly where you're going to any of your managers/HR.

 

[FreedomGUNDAM]

a attorney told my father-in-law a few years back it was 50/50 in Georgia.

I have seen a few cases personally where the old company has sued the individual with respect to the non-compete agreement. However they have basically ended up being dropped eventually

BTW: I left my old company to goto my current company without any problems. My old company never asked me to sign the non-compete

 

[Vette73]

Yep just put in your notice and if asked say a "soem firm close to home..." type answer. Enough to keep them from asking more but not enough to fill in the blanks.

I would not worry about legal. Most don't hold up and even then i doubt they sue unless you are working on a new cell phone device and go to the 1 compotition to help them make the SAME thing.
What do you do?

 

[JS80]

As long as you don't steal customers you are fine. So if you're not in sales, I wouldn't worry too much.