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Job positions precluded by the employer's contract [closed]
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Recently I read a post (in a forum, no more attendibility) regarding an high end car manufacturer, in which if you work there, then you cannot work to the competitors anymore if you change your job, due to the contract clauses.
Is that possible, or is this a wide thing? I'd like to work in some bigger companies than my actual one, but if this is the possibility, it is a bit scary and absolutely counterproductive for the career growth outside such a company.
contracts
asked Jul 3 '16 at 12:12
thexeno
1122
closed as off-topic by Jim G., Dawny33, gnat, Lilienthal♦, mhoran_psprep Jul 4 '16 at 20:39
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., Dawny33, gnat
suggest improvements |Â
up vote
-2
down vote
favorite
Recently I read a post (in a forum, no more attendibility) regarding an high end car manufacturer, in which if you work there, then you cannot work to the competitors anymore if you change your job, due to the contract clauses.
Is that possible, or is this a wide thing? I'd like to work in some bigger companies than my actual one, but if this is the possibility, it is a bit scary and absolutely counterproductive for the career growth outside such a company.
contracts
asked Jul 3 '16 at 12:12
thexeno
1122
closed as off-topic by Jim G., Dawny33, gnat, Lilienthal♦, mhoran_psprep Jul 4 '16 at 20:39
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., Dawny33, gnat
3
look at some of the questions relating to non-compete clauses: workplace.stackexchange.com/search?q=non-compete+is%3Aq
– mhoran_psprep
Jul 3 '16 at 12:43
1
No practical question here. Google "non-compete" if you want to learn more about this topic.
– Lilienthal♦
Jul 4 '16 at 9:22
2
Read any employment contract before you sign. And if there are clauses that you feel are unreasonable, then consider that it's a lot better for the wealth and mental health to work for a reasonable employer.
– gnasher729
Jul 4 '16 at 22:44
I didn't know that the keyword was "non-compete". Thanks to everyone.
– thexeno
Jul 5 '16 at 10:47
suggest improvements |Â
up vote
-2
down vote
favorite
up vote
-2
down vote
favorite
Recently I read a post (in a forum, no more attendibility) regarding an high end car manufacturer, in which if you work there, then you cannot work to the competitors anymore if you change your job, due to the contract clauses.
Is that possible, or is this a wide thing? I'd like to work in some bigger companies than my actual one, but if this is the possibility, it is a bit scary and absolutely counterproductive for the career growth outside such a company.
contracts
asked Jul 3 '16 at 12:12
thexeno
1122
Recently I read a post (in a forum, no more attendibility) regarding an high end car manufacturer, in which if you work there, then you cannot work to the competitors anymore if you change your job, due to the contract clauses.
Is that possible, or is this a wide thing? I'd like to work in some bigger companies than my actual one, but if this is the possibility, it is a bit scary and absolutely counterproductive for the career growth outside such a company.
contracts
asked Jul 3 '16 at 12:12
thexeno
1122
asked Jul 3 '16 at 12:12
thexeno
1122
asked Jul 3 '16 at 12:12
thexeno
1122
asked Jul 3 '16 at 12:12
thexeno
1122
1122
closed as off-topic by Jim G., Dawny33, gnat, Lilienthal♦, mhoran_psprep Jul 4 '16 at 20:39
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., Dawny33, gnat
closed as off-topic by Jim G., Dawny33, gnat, Lilienthal♦, mhoran_psprep Jul 4 '16 at 20:39
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., Dawny33, gnat
3
look at some of the questions relating to non-compete clauses: workplace.stackexchange.com/search?q=non-compete+is%3Aq
– mhoran_psprep
Jul 3 '16 at 12:43
1
No practical question here. Google "non-compete" if you want to learn more about this topic.
– Lilienthal♦
Jul 4 '16 at 9:22
2
Read any employment contract before you sign. And if there are clauses that you feel are unreasonable, then consider that it's a lot better for the wealth and mental health to work for a reasonable employer.
– gnasher729
Jul 4 '16 at 22:44
I didn't know that the keyword was "non-compete". Thanks to everyone.
– thexeno
Jul 5 '16 at 10:47
suggest improvements |Â
3
look at some of the questions relating to non-compete clauses: workplace.stackexchange.com/search?q=non-compete+is%3Aq
– mhoran_psprep
Jul 3 '16 at 12:43
1
No practical question here. Google "non-compete" if you want to learn more about this topic.
– Lilienthal♦
Jul 4 '16 at 9:22
2
Read any employment contract before you sign. And if there are clauses that you feel are unreasonable, then consider that it's a lot better for the wealth and mental health to work for a reasonable employer.
– gnasher729
Jul 4 '16 at 22:44
I didn't know that the keyword was "non-compete". Thanks to everyone.
– thexeno
Jul 5 '16 at 10:47
3
3
look at some of the questions relating to non-compete clauses: workplace.stackexchange.com/search?q=non-compete+is%3Aq
– mhoran_psprep
Jul 3 '16 at 12:43
look at some of the questions relating to non-compete clauses: workplace.stackexchange.com/search?q=non-compete+is%3Aq
– mhoran_psprep
Jul 3 '16 at 12:43
1
1
No practical question here. Google "non-compete" if you want to learn more about this topic.
– Lilienthal♦
Jul 4 '16 at 9:22
No practical question here. Google "non-compete" if you want to learn more about this topic.
– Lilienthal♦
Jul 4 '16 at 9:22
2
2
Read any employment contract before you sign. And if there are clauses that you feel are unreasonable, then consider that it's a lot better for the wealth and mental health to work for a reasonable employer.
– gnasher729
Jul 4 '16 at 22:44
Read any employment contract before you sign. And if there are clauses that you feel are unreasonable, then consider that it's a lot better for the wealth and mental health to work for a reasonable employer.
– gnasher729
Jul 4 '16 at 22:44
I didn't know that the keyword was "non-compete". Thanks to everyone.
– thexeno
Jul 5 '16 at 10:47
I didn't know that the keyword was "non-compete". Thanks to everyone.
– thexeno
Jul 5 '16 at 10:47
suggest improvements |Â
1 Answer
1
active
oldest
votes
up vote
6
down vote
accepted
It's not uncommon but they vary a lot and the devil is in the details. Depending on the country/jurisdiction, there might legal restrictions curtailing the enforceability of such a non-compete clause:
- The employer might have to pay a financial compensation to the employee if they choose to exercise that clause (e.g. IIRC in Germany it's half the salary over the relevant time period).
- There might a maximum time allowed for the non-compete clause (i.e. you can't switch immediately to a competitor but you are not barred from working for the same industry again two years later).
- There might a broad proportionality requirement between the restrictions and the job/salary of the employee, i.e. a well-paid executive can have a contract barring him or her from doing anything in the same industry worldwide, a regular salesperson would be barred from working in the same position in the same region.
In countries/jurisdictions where the law does not provide for clear limitations like this, employers might be tempted to slap a broad non-compete clause on everybody's contract – that might be the source of the story you read – but that does not mean they would necessarily bother with enforcing it in each and every case.
And I currently work for a very large company, in a locale where the rules are pretty lax, yet my contract only has a very reasonable non-compete clause so don't let this stop you from applying wherever you want. If that's really a show-stopper for you, you can always ask about it after you got an offer and before handing in your notice for your current job.
Finally, a friend of mine once switched from an employer to another one that was clearly covered by her non-compete agreement but her new employer was willing to cover any damages/penalty she might have to pay for breaking her contract and approached her former employer to negotiate directly with them.
answered Jul 3 '16 at 13:12
Relaxed
1,07289
suggest improvements |Â
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
6
down vote
accepted
It's not uncommon but they vary a lot and the devil is in the details. Depending on the country/jurisdiction, there might legal restrictions curtailing the enforceability of such a non-compete clause:
- The employer might have to pay a financial compensation to the employee if they choose to exercise that clause (e.g. IIRC in Germany it's half the salary over the relevant time period).
- There might a maximum time allowed for the non-compete clause (i.e. you can't switch immediately to a competitor but you are not barred from working for the same industry again two years later).
- There might a broad proportionality requirement between the restrictions and the job/salary of the employee, i.e. a well-paid executive can have a contract barring him or her from doing anything in the same industry worldwide, a regular salesperson would be barred from working in the same position in the same region.
In countries/jurisdictions where the law does not provide for clear limitations like this, employers might be tempted to slap a broad non-compete clause on everybody's contract – that might be the source of the story you read – but that does not mean they would necessarily bother with enforcing it in each and every case.
And I currently work for a very large company, in a locale where the rules are pretty lax, yet my contract only has a very reasonable non-compete clause so don't let this stop you from applying wherever you want. If that's really a show-stopper for you, you can always ask about it after you got an offer and before handing in your notice for your current job.
Finally, a friend of mine once switched from an employer to another one that was clearly covered by her non-compete agreement but her new employer was willing to cover any damages/penalty she might have to pay for breaking her contract and approached her former employer to negotiate directly with them.
answered Jul 3 '16 at 13:12
Relaxed
1,07289
suggest improvements |Â
up vote
6
down vote
accepted
It's not uncommon but they vary a lot and the devil is in the details. Depending on the country/jurisdiction, there might legal restrictions curtailing the enforceability of such a non-compete clause:
- The employer might have to pay a financial compensation to the employee if they choose to exercise that clause (e.g. IIRC in Germany it's half the salary over the relevant time period).
- There might a maximum time allowed for the non-compete clause (i.e. you can't switch immediately to a competitor but you are not barred from working for the same industry again two years later).
- There might a broad proportionality requirement between the restrictions and the job/salary of the employee, i.e. a well-paid executive can have a contract barring him or her from doing anything in the same industry worldwide, a regular salesperson would be barred from working in the same position in the same region.
In countries/jurisdictions where the law does not provide for clear limitations like this, employers might be tempted to slap a broad non-compete clause on everybody's contract – that might be the source of the story you read – but that does not mean they would necessarily bother with enforcing it in each and every case.
And I currently work for a very large company, in a locale where the rules are pretty lax, yet my contract only has a very reasonable non-compete clause so don't let this stop you from applying wherever you want. If that's really a show-stopper for you, you can always ask about it after you got an offer and before handing in your notice for your current job.
Finally, a friend of mine once switched from an employer to another one that was clearly covered by her non-compete agreement but her new employer was willing to cover any damages/penalty she might have to pay for breaking her contract and approached her former employer to negotiate directly with them.
answered Jul 3 '16 at 13:12
Relaxed
1,07289
suggest improvements |Â
up vote
6
down vote
accepted
up vote
6
down vote
accepted
It's not uncommon but they vary a lot and the devil is in the details. Depending on the country/jurisdiction, there might legal restrictions curtailing the enforceability of such a non-compete clause:
- The employer might have to pay a financial compensation to the employee if they choose to exercise that clause (e.g. IIRC in Germany it's half the salary over the relevant time period).
- There might a maximum time allowed for the non-compete clause (i.e. you can't switch immediately to a competitor but you are not barred from working for the same industry again two years later).
- There might a broad proportionality requirement between the restrictions and the job/salary of the employee, i.e. a well-paid executive can have a contract barring him or her from doing anything in the same industry worldwide, a regular salesperson would be barred from working in the same position in the same region.
In countries/jurisdictions where the law does not provide for clear limitations like this, employers might be tempted to slap a broad non-compete clause on everybody's contract – that might be the source of the story you read – but that does not mean they would necessarily bother with enforcing it in each and every case.
And I currently work for a very large company, in a locale where the rules are pretty lax, yet my contract only has a very reasonable non-compete clause so don't let this stop you from applying wherever you want. If that's really a show-stopper for you, you can always ask about it after you got an offer and before handing in your notice for your current job.
Finally, a friend of mine once switched from an employer to another one that was clearly covered by her non-compete agreement but her new employer was willing to cover any damages/penalty she might have to pay for breaking her contract and approached her former employer to negotiate directly with them.
answered Jul 3 '16 at 13:12
Relaxed
1,07289
It's not uncommon but they vary a lot and the devil is in the details. Depending on the country/jurisdiction, there might legal restrictions curtailing the enforceability of such a non-compete clause:
- The employer might have to pay a financial compensation to the employee if they choose to exercise that clause (e.g. IIRC in Germany it's half the salary over the relevant time period).
- There might a maximum time allowed for the non-compete clause (i.e. you can't switch immediately to a competitor but you are not barred from working for the same industry again two years later).
- There might a broad proportionality requirement between the restrictions and the job/salary of the employee, i.e. a well-paid executive can have a contract barring him or her from doing anything in the same industry worldwide, a regular salesperson would be barred from working in the same position in the same region.
In countries/jurisdictions where the law does not provide for clear limitations like this, employers might be tempted to slap a broad non-compete clause on everybody's contract – that might be the source of the story you read – but that does not mean they would necessarily bother with enforcing it in each and every case.
And I currently work for a very large company, in a locale where the rules are pretty lax, yet my contract only has a very reasonable non-compete clause so don't let this stop you from applying wherever you want. If that's really a show-stopper for you, you can always ask about it after you got an offer and before handing in your notice for your current job.
Finally, a friend of mine once switched from an employer to another one that was clearly covered by her non-compete agreement but her new employer was willing to cover any damages/penalty she might have to pay for breaking her contract and approached her former employer to negotiate directly with them.
answered Jul 3 '16 at 13:12
Relaxed
1,07289
edited Jul 4 '16 at 20:33
answered Jul 3 '16 at 13:12
Relaxed
1,07289
answered Jul 3 '16 at 13:12
Relaxed
1,07289
answered Jul 3 '16 at 13:12
Relaxed
1,07289
1,07289
suggest improvements |Â
suggest improvements |Â
3
look at some of the questions relating to non-compete clauses: workplace.stackexchange.com/search?q=non-compete+is%3Aq
– mhoran_psprep
Jul 3 '16 at 12:43
1
No practical question here. Google "non-compete" if you want to learn more about this topic.
– Lilienthal♦
Jul 4 '16 at 9:22
2
Read any employment contract before you sign. And if there are clauses that you feel are unreasonable, then consider that it's a lot better for the wealth and mental health to work for a reasonable employer.
– gnasher729
Jul 4 '16 at 22:44
I didn't know that the keyword was "non-compete". Thanks to everyone.
– thexeno
Jul 5 '16 at 10:47