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?







share|improve this question












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
If this question can be reworded to fit the rules in the help center, please edit the question.








  • 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
















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?







share|improve this question












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
If this question can be reworded to fit the rules in the help center, please edit the question.








  • 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












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?







share|improve this question












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?









share|improve this question











share|improve this question




share|improve this question










asked Feb 3 '15 at 21:09









Problematic

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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
If this question can be reworded to fit the rules in the help center, please edit the question.




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
If this question can be reworded to fit the rules in the help center, please edit the question.







  • 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




    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










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






share|improve this answer
















  • 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


















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.






share|improve this answer




















  • 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

















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.






share|improve this answer



























    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






    share|improve this answer



























      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.






      share|improve this answer




















      • 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

















      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






      share|improve this answer
















      • 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















      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






      share|improve this answer
















      • 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













      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






      share|improve this answer












      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







      share|improve this answer












      share|improve this answer



      share|improve this answer










      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













      • 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













      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.






      share|improve this answer




















      • 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














      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.






      share|improve this answer




















      • 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












      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.






      share|improve this answer












      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.







      share|improve this answer












      share|improve this answer



      share|improve this answer










      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
















      • 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










      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.






      share|improve this answer
























        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.






        share|improve this answer






















          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.






          share|improve this answer












          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.







          share|improve this answer












          share|improve this answer



          share|improve this answer










          answered Feb 4 '15 at 1:23









          test

          46329




          46329




















              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






              share|improve this answer
























                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






                share|improve this answer






















                  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






                  share|improve this answer












                  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







                  share|improve this answer












                  share|improve this answer



                  share|improve this answer










                  answered Feb 3 '15 at 21:57









                  Code Whisperer

                  1,822618




                  1,822618




















                      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.






                      share|improve this answer




















                      • 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














                      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.






                      share|improve this answer




















                      • 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












                      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.






                      share|improve this answer












                      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.







                      share|improve this answer












                      share|improve this answer



                      share|improve this answer










                      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
















                      • 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


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