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Should I sign a non-compete as I'm leaving a company? [closed]
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I've recently accepted a position at another company, and given my notice to my current employer. As part of my offboarding process, my current employer has asked me to sign a non-compete agreement (which I did not do when I started at the position), including a non-recruitment clause.
From my perspective, this doesn't seem like something I want to do (especially considering that I have several coworkers that I think would be really happy at my new company). My question is this: is there some reason that I'm not seeing that I should sign this document, or is it reasonable to politely decline my employer's request?
resignation
asked Feb 3 '15 at 21:09
Problematic
131117
closed as off-topic by Wesley Long, IDrinkandIKnowThings, gnat, user9158, Stephan Kolassa Feb 4 '15 at 6:43
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." – Wesley Long, gnat, Community, Stephan Kolassa
 |Â
show 3 more comments
up vote
5
down vote
favorite
I've recently accepted a position at another company, and given my notice to my current employer. As part of my offboarding process, my current employer has asked me to sign a non-compete agreement (which I did not do when I started at the position), including a non-recruitment clause.
From my perspective, this doesn't seem like something I want to do (especially considering that I have several coworkers that I think would be really happy at my new company). My question is this: is there some reason that I'm not seeing that I should sign this document, or is it reasonable to politely decline my employer's request?
resignation
asked Feb 3 '15 at 21:09
Problematic
131117
closed as off-topic by Wesley Long, IDrinkandIKnowThings, gnat, user9158, Stephan Kolassa Feb 4 '15 at 6:43
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." – Wesley Long, gnat, Community, Stephan Kolassa
17
VTC - Asking legal advice. That being said - Aww, hell no! Unless there's a 5 or 6 figure check stapled to the top of that agreement, I wouldn't even consider it.
– Wesley Long
Feb 3 '15 at 21:12
So, you are asking whether you should sign the non-compete without knowing what's in it?
– Vietnhi Phuvan
Feb 3 '15 at 21:15
5
And you would in almost all cases have to be paid for a non compete
– Pepone
Feb 3 '15 at 23:08
1
This is isn't a fair fight. If it went to a court case it is likely that the company you are leaving has bigger resources than you to pursue this through the courts. If the company that you are joining is will be entangled in this or limited by it would be good idea to take legal advice from their legal team.
– Stuart Woodward
Feb 4 '15 at 2:35
2
Most companies I've worked for have made you sign these kinds of things when you join the company, not try to catch you on the way out. Strongly suggest you do not voluntarily limit your rights like that unless they're paying you, as others have said, and maybe not even then.
– Alan Krueger
Feb 4 '15 at 6:09
 |Â
show 3 more comments
up vote
5
down vote
favorite
up vote
5
down vote
favorite
I've recently accepted a position at another company, and given my notice to my current employer. As part of my offboarding process, my current employer has asked me to sign a non-compete agreement (which I did not do when I started at the position), including a non-recruitment clause.
From my perspective, this doesn't seem like something I want to do (especially considering that I have several coworkers that I think would be really happy at my new company). My question is this: is there some reason that I'm not seeing that I should sign this document, or is it reasonable to politely decline my employer's request?
resignation
asked Feb 3 '15 at 21:09
Problematic
131117
I've recently accepted a position at another company, and given my notice to my current employer. As part of my offboarding process, my current employer has asked me to sign a non-compete agreement (which I did not do when I started at the position), including a non-recruitment clause.
From my perspective, this doesn't seem like something I want to do (especially considering that I have several coworkers that I think would be really happy at my new company). My question is this: is there some reason that I'm not seeing that I should sign this document, or is it reasonable to politely decline my employer's request?
resignation
asked Feb 3 '15 at 21:09
Problematic
131117
asked Feb 3 '15 at 21:09
Problematic
131117
asked Feb 3 '15 at 21:09
Problematic
131117
asked Feb 3 '15 at 21:09
Problematic
131117
131117
closed as off-topic by Wesley Long, IDrinkandIKnowThings, gnat, user9158, Stephan Kolassa Feb 4 '15 at 6:43
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." – Wesley Long, gnat, Community, Stephan Kolassa
closed as off-topic by Wesley Long, IDrinkandIKnowThings, gnat, user9158, Stephan Kolassa Feb 4 '15 at 6:43
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." – Wesley Long, gnat, Community, Stephan Kolassa
17
VTC - Asking legal advice. That being said - Aww, hell no! Unless there's a 5 or 6 figure check stapled to the top of that agreement, I wouldn't even consider it.
– Wesley Long
Feb 3 '15 at 21:12
So, you are asking whether you should sign the non-compete without knowing what's in it?
– Vietnhi Phuvan
Feb 3 '15 at 21:15
5
And you would in almost all cases have to be paid for a non compete
– Pepone
Feb 3 '15 at 23:08
1
This is isn't a fair fight. If it went to a court case it is likely that the company you are leaving has bigger resources than you to pursue this through the courts. If the company that you are joining is will be entangled in this or limited by it would be good idea to take legal advice from their legal team.
– Stuart Woodward
Feb 4 '15 at 2:35
2
Most companies I've worked for have made you sign these kinds of things when you join the company, not try to catch you on the way out. Strongly suggest you do not voluntarily limit your rights like that unless they're paying you, as others have said, and maybe not even then.
– Alan Krueger
Feb 4 '15 at 6:09
 |Â
show 3 more comments
17
VTC - Asking legal advice. That being said - Aww, hell no! Unless there's a 5 or 6 figure check stapled to the top of that agreement, I wouldn't even consider it.
– Wesley Long
Feb 3 '15 at 21:12
So, you are asking whether you should sign the non-compete without knowing what's in it?
– Vietnhi Phuvan
Feb 3 '15 at 21:15
5
And you would in almost all cases have to be paid for a non compete
– Pepone
Feb 3 '15 at 23:08
1
This is isn't a fair fight. If it went to a court case it is likely that the company you are leaving has bigger resources than you to pursue this through the courts. If the company that you are joining is will be entangled in this or limited by it would be good idea to take legal advice from their legal team.
– Stuart Woodward
Feb 4 '15 at 2:35
2
Most companies I've worked for have made you sign these kinds of things when you join the company, not try to catch you on the way out. Strongly suggest you do not voluntarily limit your rights like that unless they're paying you, as others have said, and maybe not even then.
– Alan Krueger
Feb 4 '15 at 6:09
17
17
VTC - Asking legal advice. That being said - Aww, hell no! Unless there's a 5 or 6 figure check stapled to the top of that agreement, I wouldn't even consider it.
– Wesley Long
Feb 3 '15 at 21:12
VTC - Asking legal advice. That being said - Aww, hell no! Unless there's a 5 or 6 figure check stapled to the top of that agreement, I wouldn't even consider it.
– Wesley Long
Feb 3 '15 at 21:12
So, you are asking whether you should sign the non-compete without knowing what's in it?
– Vietnhi Phuvan
Feb 3 '15 at 21:15
So, you are asking whether you should sign the non-compete without knowing what's in it?
– Vietnhi Phuvan
Feb 3 '15 at 21:15
5
5
And you would in almost all cases have to be paid for a non compete
– Pepone
Feb 3 '15 at 23:08
And you would in almost all cases have to be paid for a non compete
– Pepone
Feb 3 '15 at 23:08
1
1
This is isn't a fair fight. If it went to a court case it is likely that the company you are leaving has bigger resources than you to pursue this through the courts. If the company that you are joining is will be entangled in this or limited by it would be good idea to take legal advice from their legal team.
– Stuart Woodward
Feb 4 '15 at 2:35
This is isn't a fair fight. If it went to a court case it is likely that the company you are leaving has bigger resources than you to pursue this through the courts. If the company that you are joining is will be entangled in this or limited by it would be good idea to take legal advice from their legal team.
– Stuart Woodward
Feb 4 '15 at 2:35
2
2
Most companies I've worked for have made you sign these kinds of things when you join the company, not try to catch you on the way out. Strongly suggest you do not voluntarily limit your rights like that unless they're paying you, as others have said, and maybe not even then.
– Alan Krueger
Feb 4 '15 at 6:09
Most companies I've worked for have made you sign these kinds of things when you join the company, not try to catch you on the way out. Strongly suggest you do not voluntarily limit your rights like that unless they're paying you, as others have said, and maybe not even then.
– Alan Krueger
Feb 4 '15 at 6:09
 |Â
show 3 more comments
5 Answers
5
active
oldest
votes
up vote
23
down vote
accepted
As Wesley and Vietnhi said in the comments, I'll reiterate: Hell no
Given that you didn't specify if there's a dollar amount tied to it, I'll assume there isn't.
What you stand to gain:
1) Some good will from the company (which you're currently leaving). This could be useful in some future discussions with the company if, say, you decide to return. Aside from that, it's mostly useless at this point.
What you stand to lose:
1) It sounds like you don't know what's in this non-compete completely. If that's the case, how do you know they aren't trying to get you to sign this non-compete which would cover the company you're moving to? Be careful with documents like these - they're often broad and could come back to hurt you very easily
2) If the new company ends up not working out and you quit after, say, 3 months that non-compete could severely limit any other potential jobs that you could find
answered Feb 3 '15 at 21:20
Mitch
443210
8
You of course cannot be forced to sign anything, and it seems fishy to me for a company to save that until you're leaving, when normally they'd make you sign non-competition agreements before letting you work there in order to cover themselves legally. However, I have heard of situations where there's bonuses and such that depend on your signing exit paperwork.
– Kai
Feb 3 '15 at 21:24
suggest improvements |Â
up vote
7
down vote
Since it is too late for a non-compete since you have taken the new postion legally, I suspect it is the non-recruitment clause they are most concerned with.
If you intend to recuit co-workers (and it sounds as if you do), you most definitely don't want to sign this. In fact, I would probably protect myself by sending them a certified letter stating that your refusal to sign this after having given notice. But in any event if you want to recruit when they don't want you to, then it is best to consult a lawyer or bring the document to the new company and consult thier lawyer as to what actions you should take.
answered Feb 3 '15 at 21:51
HLGEM
133k25226489
Aren't Apple, Google, Facebook etc. in court right now with an expected fine of several hundred million dollars for making it harder for employees to find jobs elsewhere?
– gnasher729
Feb 4 '15 at 15:26
@gnasher729, there are a lot of jurisdictions out there and the law is potentially different for all of them.
– HLGEM
Feb 4 '15 at 15:31
suggest improvements |Â
up vote
7
down vote
Don't sign ANYTHING when leaving the company other than the paper that you're leaving. And maybe the paper where you state that you've returned all the equipment that belongs to the company.
There is nothing you'll gain from that and a lot you can lose:
- Your relationship with the company is already on the bad side since you're leaving
- New liability is not something you need
- Why limit your choices? Even potentially.
- You don't get anything from signing the document but your employee does. Is that fair?
All the documents are signed BEFORE you start working for a company, so easily dismiss all NDA's and other documents that come after you've decided to quit.
You can find yourself in a lot of trouble by signing some documents that prevent you from future employment of starting your own business.
You should definitely decline the request.
answered Feb 4 '15 at 1:23
test
46329
suggest improvements |Â
up vote
3
down vote
It's more than reasonable to deny your employer's request, it's just common sense.
Non-compete agreements have less to do with you than with your employer and their competitors - they don't want you working for their competitors. In fact, the only reason why non-compete agreements do not last forever is because the law (at least in Canada) limits the length of those stipulations.
Considering laws exist to protect employees from excessive non-compete agreements, it's a safe conclusion to assume they're bad for you.
Having been personally stopped by non-compete agreements in the past, there is usually nothing to gain as an employee by being restricted by one of these.
Odds are your employer will not be willing to compensate you a fair amount to sign this, as I would estimate that value as at least 10% of the annual salary of the employee, you should just simply not sign it.
Source: I've signed these and they are a headache
answered Feb 3 '15 at 21:57
Code Whisperer
1,822618
suggest improvements |Â
up vote
2
down vote
You should check in your contract that signing a non-compete after resignation isn't mentioned, and if you still aren't sure consult a lawyer (it is probably worth your time and money to do this even if you are sure). Assuming it isn't, I agree with Wesley - it's their fault that they didn't have you agree to sign such a document at signing, and now they need to compensate you in exchange for your agreement to sign a document that's disadvantageous to you, either monetarily or otherwise, same as if they came to you with no prior employment and asked you to sign it.
answered Feb 3 '15 at 21:20
IllusiveBrian
1,845714
So what if his employment contract says something about signing a non-compete after resignation? What are they going to do, fire him?
– Andrew Medico
Feb 6 '15 at 1:02
suggest improvements |Â
5 Answers
5
active
oldest
votes
5 Answers
5
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
23
down vote
accepted
As Wesley and Vietnhi said in the comments, I'll reiterate: Hell no
Given that you didn't specify if there's a dollar amount tied to it, I'll assume there isn't.
What you stand to gain:
1) Some good will from the company (which you're currently leaving). This could be useful in some future discussions with the company if, say, you decide to return. Aside from that, it's mostly useless at this point.
What you stand to lose:
1) It sounds like you don't know what's in this non-compete completely. If that's the case, how do you know they aren't trying to get you to sign this non-compete which would cover the company you're moving to? Be careful with documents like these - they're often broad and could come back to hurt you very easily
2) If the new company ends up not working out and you quit after, say, 3 months that non-compete could severely limit any other potential jobs that you could find
answered Feb 3 '15 at 21:20
Mitch
443210
8
You of course cannot be forced to sign anything, and it seems fishy to me for a company to save that until you're leaving, when normally they'd make you sign non-competition agreements before letting you work there in order to cover themselves legally. However, I have heard of situations where there's bonuses and such that depend on your signing exit paperwork.
– Kai
Feb 3 '15 at 21:24
suggest improvements |Â
up vote
23
down vote
accepted
As Wesley and Vietnhi said in the comments, I'll reiterate: Hell no
Given that you didn't specify if there's a dollar amount tied to it, I'll assume there isn't.
What you stand to gain:
1) Some good will from the company (which you're currently leaving). This could be useful in some future discussions with the company if, say, you decide to return. Aside from that, it's mostly useless at this point.
What you stand to lose:
1) It sounds like you don't know what's in this non-compete completely. If that's the case, how do you know they aren't trying to get you to sign this non-compete which would cover the company you're moving to? Be careful with documents like these - they're often broad and could come back to hurt you very easily
2) If the new company ends up not working out and you quit after, say, 3 months that non-compete could severely limit any other potential jobs that you could find
answered Feb 3 '15 at 21:20
Mitch
443210
8
You of course cannot be forced to sign anything, and it seems fishy to me for a company to save that until you're leaving, when normally they'd make you sign non-competition agreements before letting you work there in order to cover themselves legally. However, I have heard of situations where there's bonuses and such that depend on your signing exit paperwork.
– Kai
Feb 3 '15 at 21:24
suggest improvements |Â
up vote
23
down vote
accepted
up vote
23
down vote
accepted
As Wesley and Vietnhi said in the comments, I'll reiterate: Hell no
Given that you didn't specify if there's a dollar amount tied to it, I'll assume there isn't.
What you stand to gain:
1) Some good will from the company (which you're currently leaving). This could be useful in some future discussions with the company if, say, you decide to return. Aside from that, it's mostly useless at this point.
What you stand to lose:
1) It sounds like you don't know what's in this non-compete completely. If that's the case, how do you know they aren't trying to get you to sign this non-compete which would cover the company you're moving to? Be careful with documents like these - they're often broad and could come back to hurt you very easily
2) If the new company ends up not working out and you quit after, say, 3 months that non-compete could severely limit any other potential jobs that you could find
answered Feb 3 '15 at 21:20
Mitch
443210
As Wesley and Vietnhi said in the comments, I'll reiterate: Hell no
Given that you didn't specify if there's a dollar amount tied to it, I'll assume there isn't.
What you stand to gain:
1) Some good will from the company (which you're currently leaving). This could be useful in some future discussions with the company if, say, you decide to return. Aside from that, it's mostly useless at this point.
What you stand to lose:
1) It sounds like you don't know what's in this non-compete completely. If that's the case, how do you know they aren't trying to get you to sign this non-compete which would cover the company you're moving to? Be careful with documents like these - they're often broad and could come back to hurt you very easily
2) If the new company ends up not working out and you quit after, say, 3 months that non-compete could severely limit any other potential jobs that you could find
answered Feb 3 '15 at 21:20
Mitch
443210
answered Feb 3 '15 at 21:20
Mitch
443210
answered Feb 3 '15 at 21:20
Mitch
443210
answered Feb 3 '15 at 21:20
Mitch
443210
443210
8
You of course cannot be forced to sign anything, and it seems fishy to me for a company to save that until you're leaving, when normally they'd make you sign non-competition agreements before letting you work there in order to cover themselves legally. However, I have heard of situations where there's bonuses and such that depend on your signing exit paperwork.
– Kai
Feb 3 '15 at 21:24
suggest improvements |Â
8
You of course cannot be forced to sign anything, and it seems fishy to me for a company to save that until you're leaving, when normally they'd make you sign non-competition agreements before letting you work there in order to cover themselves legally. However, I have heard of situations where there's bonuses and such that depend on your signing exit paperwork.
– Kai
Feb 3 '15 at 21:24
8
8
You of course cannot be forced to sign anything, and it seems fishy to me for a company to save that until you're leaving, when normally they'd make you sign non-competition agreements before letting you work there in order to cover themselves legally. However, I have heard of situations where there's bonuses and such that depend on your signing exit paperwork.
– Kai
Feb 3 '15 at 21:24
You of course cannot be forced to sign anything, and it seems fishy to me for a company to save that until you're leaving, when normally they'd make you sign non-competition agreements before letting you work there in order to cover themselves legally. However, I have heard of situations where there's bonuses and such that depend on your signing exit paperwork.
– Kai
Feb 3 '15 at 21:24
suggest improvements |Â
up vote
7
down vote
Since it is too late for a non-compete since you have taken the new postion legally, I suspect it is the non-recruitment clause they are most concerned with.
If you intend to recuit co-workers (and it sounds as if you do), you most definitely don't want to sign this. In fact, I would probably protect myself by sending them a certified letter stating that your refusal to sign this after having given notice. But in any event if you want to recruit when they don't want you to, then it is best to consult a lawyer or bring the document to the new company and consult thier lawyer as to what actions you should take.
answered Feb 3 '15 at 21:51
HLGEM
133k25226489
Aren't Apple, Google, Facebook etc. in court right now with an expected fine of several hundred million dollars for making it harder for employees to find jobs elsewhere?
– gnasher729
Feb 4 '15 at 15:26
@gnasher729, there are a lot of jurisdictions out there and the law is potentially different for all of them.
– HLGEM
Feb 4 '15 at 15:31
suggest improvements |Â
up vote
7
down vote
Since it is too late for a non-compete since you have taken the new postion legally, I suspect it is the non-recruitment clause they are most concerned with.
If you intend to recuit co-workers (and it sounds as if you do), you most definitely don't want to sign this. In fact, I would probably protect myself by sending them a certified letter stating that your refusal to sign this after having given notice. But in any event if you want to recruit when they don't want you to, then it is best to consult a lawyer or bring the document to the new company and consult thier lawyer as to what actions you should take.
answered Feb 3 '15 at 21:51
HLGEM
133k25226489
Aren't Apple, Google, Facebook etc. in court right now with an expected fine of several hundred million dollars for making it harder for employees to find jobs elsewhere?
– gnasher729
Feb 4 '15 at 15:26
@gnasher729, there are a lot of jurisdictions out there and the law is potentially different for all of them.
– HLGEM
Feb 4 '15 at 15:31
suggest improvements |Â
up vote
7
down vote
up vote
7
down vote
Since it is too late for a non-compete since you have taken the new postion legally, I suspect it is the non-recruitment clause they are most concerned with.
If you intend to recuit co-workers (and it sounds as if you do), you most definitely don't want to sign this. In fact, I would probably protect myself by sending them a certified letter stating that your refusal to sign this after having given notice. But in any event if you want to recruit when they don't want you to, then it is best to consult a lawyer or bring the document to the new company and consult thier lawyer as to what actions you should take.
answered Feb 3 '15 at 21:51
HLGEM
133k25226489
Since it is too late for a non-compete since you have taken the new postion legally, I suspect it is the non-recruitment clause they are most concerned with.
If you intend to recuit co-workers (and it sounds as if you do), you most definitely don't want to sign this. In fact, I would probably protect myself by sending them a certified letter stating that your refusal to sign this after having given notice. But in any event if you want to recruit when they don't want you to, then it is best to consult a lawyer or bring the document to the new company and consult thier lawyer as to what actions you should take.
answered Feb 3 '15 at 21:51
HLGEM
133k25226489
answered Feb 3 '15 at 21:51
HLGEM
133k25226489
answered Feb 3 '15 at 21:51
HLGEM
133k25226489
answered Feb 3 '15 at 21:51
HLGEM
133k25226489
133k25226489
Aren't Apple, Google, Facebook etc. in court right now with an expected fine of several hundred million dollars for making it harder for employees to find jobs elsewhere?
– gnasher729
Feb 4 '15 at 15:26
@gnasher729, there are a lot of jurisdictions out there and the law is potentially different for all of them.
– HLGEM
Feb 4 '15 at 15:31
suggest improvements |Â
Aren't Apple, Google, Facebook etc. in court right now with an expected fine of several hundred million dollars for making it harder for employees to find jobs elsewhere?
– gnasher729
Feb 4 '15 at 15:26
@gnasher729, there are a lot of jurisdictions out there and the law is potentially different for all of them.
– HLGEM
Feb 4 '15 at 15:31
Aren't Apple, Google, Facebook etc. in court right now with an expected fine of several hundred million dollars for making it harder for employees to find jobs elsewhere?
– gnasher729
Feb 4 '15 at 15:26
Aren't Apple, Google, Facebook etc. in court right now with an expected fine of several hundred million dollars for making it harder for employees to find jobs elsewhere?
– gnasher729
Feb 4 '15 at 15:26
@gnasher729, there are a lot of jurisdictions out there and the law is potentially different for all of them.
– HLGEM
Feb 4 '15 at 15:31
@gnasher729, there are a lot of jurisdictions out there and the law is potentially different for all of them.
– HLGEM
Feb 4 '15 at 15:31
suggest improvements |Â
up vote
7
down vote
Don't sign ANYTHING when leaving the company other than the paper that you're leaving. And maybe the paper where you state that you've returned all the equipment that belongs to the company.
There is nothing you'll gain from that and a lot you can lose:
- Your relationship with the company is already on the bad side since you're leaving
- New liability is not something you need
- Why limit your choices? Even potentially.
- You don't get anything from signing the document but your employee does. Is that fair?
All the documents are signed BEFORE you start working for a company, so easily dismiss all NDA's and other documents that come after you've decided to quit.
You can find yourself in a lot of trouble by signing some documents that prevent you from future employment of starting your own business.
You should definitely decline the request.
answered Feb 4 '15 at 1:23
test
46329
suggest improvements |Â
up vote
7
down vote
Don't sign ANYTHING when leaving the company other than the paper that you're leaving. And maybe the paper where you state that you've returned all the equipment that belongs to the company.
There is nothing you'll gain from that and a lot you can lose:
- Your relationship with the company is already on the bad side since you're leaving
- New liability is not something you need
- Why limit your choices? Even potentially.
- You don't get anything from signing the document but your employee does. Is that fair?
All the documents are signed BEFORE you start working for a company, so easily dismiss all NDA's and other documents that come after you've decided to quit.
You can find yourself in a lot of trouble by signing some documents that prevent you from future employment of starting your own business.
You should definitely decline the request.
answered Feb 4 '15 at 1:23
test
46329
suggest improvements |Â
up vote
7
down vote
up vote
7
down vote
Don't sign ANYTHING when leaving the company other than the paper that you're leaving. And maybe the paper where you state that you've returned all the equipment that belongs to the company.
There is nothing you'll gain from that and a lot you can lose:
- Your relationship with the company is already on the bad side since you're leaving
- New liability is not something you need
- Why limit your choices? Even potentially.
- You don't get anything from signing the document but your employee does. Is that fair?
All the documents are signed BEFORE you start working for a company, so easily dismiss all NDA's and other documents that come after you've decided to quit.
You can find yourself in a lot of trouble by signing some documents that prevent you from future employment of starting your own business.
You should definitely decline the request.
answered Feb 4 '15 at 1:23
test
46329
Don't sign ANYTHING when leaving the company other than the paper that you're leaving. And maybe the paper where you state that you've returned all the equipment that belongs to the company.
There is nothing you'll gain from that and a lot you can lose:
- Your relationship with the company is already on the bad side since you're leaving
- New liability is not something you need
- Why limit your choices? Even potentially.
- You don't get anything from signing the document but your employee does. Is that fair?
All the documents are signed BEFORE you start working for a company, so easily dismiss all NDA's and other documents that come after you've decided to quit.
You can find yourself in a lot of trouble by signing some documents that prevent you from future employment of starting your own business.
You should definitely decline the request.
answered Feb 4 '15 at 1:23
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answered Feb 4 '15 at 1:23
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answered Feb 4 '15 at 1:23
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answered Feb 4 '15 at 1:23
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up vote
3
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It's more than reasonable to deny your employer's request, it's just common sense.
Non-compete agreements have less to do with you than with your employer and their competitors - they don't want you working for their competitors. In fact, the only reason why non-compete agreements do not last forever is because the law (at least in Canada) limits the length of those stipulations.
Considering laws exist to protect employees from excessive non-compete agreements, it's a safe conclusion to assume they're bad for you.
Having been personally stopped by non-compete agreements in the past, there is usually nothing to gain as an employee by being restricted by one of these.
Odds are your employer will not be willing to compensate you a fair amount to sign this, as I would estimate that value as at least 10% of the annual salary of the employee, you should just simply not sign it.
Source: I've signed these and they are a headache
answered Feb 3 '15 at 21:57
Code Whisperer
1,822618
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up vote
3
down vote
It's more than reasonable to deny your employer's request, it's just common sense.
Non-compete agreements have less to do with you than with your employer and their competitors - they don't want you working for their competitors. In fact, the only reason why non-compete agreements do not last forever is because the law (at least in Canada) limits the length of those stipulations.
Considering laws exist to protect employees from excessive non-compete agreements, it's a safe conclusion to assume they're bad for you.
Having been personally stopped by non-compete agreements in the past, there is usually nothing to gain as an employee by being restricted by one of these.
Odds are your employer will not be willing to compensate you a fair amount to sign this, as I would estimate that value as at least 10% of the annual salary of the employee, you should just simply not sign it.
Source: I've signed these and they are a headache
answered Feb 3 '15 at 21:57
Code Whisperer
1,822618
suggest improvements |Â
up vote
3
down vote
up vote
3
down vote
It's more than reasonable to deny your employer's request, it's just common sense.
Non-compete agreements have less to do with you than with your employer and their competitors - they don't want you working for their competitors. In fact, the only reason why non-compete agreements do not last forever is because the law (at least in Canada) limits the length of those stipulations.
Considering laws exist to protect employees from excessive non-compete agreements, it's a safe conclusion to assume they're bad for you.
Having been personally stopped by non-compete agreements in the past, there is usually nothing to gain as an employee by being restricted by one of these.
Odds are your employer will not be willing to compensate you a fair amount to sign this, as I would estimate that value as at least 10% of the annual salary of the employee, you should just simply not sign it.
Source: I've signed these and they are a headache
answered Feb 3 '15 at 21:57
Code Whisperer
1,822618
It's more than reasonable to deny your employer's request, it's just common sense.
Non-compete agreements have less to do with you than with your employer and their competitors - they don't want you working for their competitors. In fact, the only reason why non-compete agreements do not last forever is because the law (at least in Canada) limits the length of those stipulations.
Considering laws exist to protect employees from excessive non-compete agreements, it's a safe conclusion to assume they're bad for you.
Having been personally stopped by non-compete agreements in the past, there is usually nothing to gain as an employee by being restricted by one of these.
Odds are your employer will not be willing to compensate you a fair amount to sign this, as I would estimate that value as at least 10% of the annual salary of the employee, you should just simply not sign it.
Source: I've signed these and they are a headache
answered Feb 3 '15 at 21:57
Code Whisperer
1,822618
answered Feb 3 '15 at 21:57
Code Whisperer
1,822618
answered Feb 3 '15 at 21:57
Code Whisperer
1,822618
answered Feb 3 '15 at 21:57
Code Whisperer
1,822618
1,822618
suggest improvements |Â
suggest improvements |Â
up vote
2
down vote
You should check in your contract that signing a non-compete after resignation isn't mentioned, and if you still aren't sure consult a lawyer (it is probably worth your time and money to do this even if you are sure). Assuming it isn't, I agree with Wesley - it's their fault that they didn't have you agree to sign such a document at signing, and now they need to compensate you in exchange for your agreement to sign a document that's disadvantageous to you, either monetarily or otherwise, same as if they came to you with no prior employment and asked you to sign it.
answered Feb 3 '15 at 21:20
IllusiveBrian
1,845714
So what if his employment contract says something about signing a non-compete after resignation? What are they going to do, fire him?
– Andrew Medico
Feb 6 '15 at 1:02
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up vote
2
down vote
You should check in your contract that signing a non-compete after resignation isn't mentioned, and if you still aren't sure consult a lawyer (it is probably worth your time and money to do this even if you are sure). Assuming it isn't, I agree with Wesley - it's their fault that they didn't have you agree to sign such a document at signing, and now they need to compensate you in exchange for your agreement to sign a document that's disadvantageous to you, either monetarily or otherwise, same as if they came to you with no prior employment and asked you to sign it.
answered Feb 3 '15 at 21:20
IllusiveBrian
1,845714
So what if his employment contract says something about signing a non-compete after resignation? What are they going to do, fire him?
– Andrew Medico
Feb 6 '15 at 1:02
suggest improvements |Â
up vote
2
down vote
up vote
2
down vote
You should check in your contract that signing a non-compete after resignation isn't mentioned, and if you still aren't sure consult a lawyer (it is probably worth your time and money to do this even if you are sure). Assuming it isn't, I agree with Wesley - it's their fault that they didn't have you agree to sign such a document at signing, and now they need to compensate you in exchange for your agreement to sign a document that's disadvantageous to you, either monetarily or otherwise, same as if they came to you with no prior employment and asked you to sign it.
answered Feb 3 '15 at 21:20
IllusiveBrian
1,845714
You should check in your contract that signing a non-compete after resignation isn't mentioned, and if you still aren't sure consult a lawyer (it is probably worth your time and money to do this even if you are sure). Assuming it isn't, I agree with Wesley - it's their fault that they didn't have you agree to sign such a document at signing, and now they need to compensate you in exchange for your agreement to sign a document that's disadvantageous to you, either monetarily or otherwise, same as if they came to you with no prior employment and asked you to sign it.
answered Feb 3 '15 at 21:20
IllusiveBrian
1,845714
answered Feb 3 '15 at 21:20
IllusiveBrian
1,845714
answered Feb 3 '15 at 21:20
IllusiveBrian
1,845714
answered Feb 3 '15 at 21:20
IllusiveBrian
1,845714
1,845714
So what if his employment contract says something about signing a non-compete after resignation? What are they going to do, fire him?
– Andrew Medico
Feb 6 '15 at 1:02
suggest improvements |Â
So what if his employment contract says something about signing a non-compete after resignation? What are they going to do, fire him?
– Andrew Medico
Feb 6 '15 at 1:02
So what if his employment contract says something about signing a non-compete after resignation? What are they going to do, fire him?
– Andrew Medico
Feb 6 '15 at 1:02
So what if his employment contract says something about signing a non-compete after resignation? What are they going to do, fire him?
– Andrew Medico
Feb 6 '15 at 1:02
suggest improvements |Â
17
VTC - Asking legal advice. That being said - Aww, hell no! Unless there's a 5 or 6 figure check stapled to the top of that agreement, I wouldn't even consider it.
– Wesley Long
Feb 3 '15 at 21:12
So, you are asking whether you should sign the non-compete without knowing what's in it?
– Vietnhi Phuvan
Feb 3 '15 at 21:15
5
And you would in almost all cases have to be paid for a non compete
– Pepone
Feb 3 '15 at 23:08
1
This is isn't a fair fight. If it went to a court case it is likely that the company you are leaving has bigger resources than you to pursue this through the courts. If the company that you are joining is will be entangled in this or limited by it would be good idea to take legal advice from their legal team.
– Stuart Woodward
Feb 4 '15 at 2:35
2
Most companies I've worked for have made you sign these kinds of things when you join the company, not try to catch you on the way out. Strongly suggest you do not voluntarily limit your rights like that unless they're paying you, as others have said, and maybe not even then.
– Alan Krueger
Feb 4 '15 at 6:09