Non-Compete Agreements

September 10, 2008

I am finally back in the blogging world!  After a (too) long break due to extensive travel, I realized that not only have I neglected my blog, I have a lot to say.  So, I will start with non-compete agreements.  

I don’t like non-compete agreements. 

While I understand the premise behind them, I find them to be controlling, restrictive and detrimental to a person’s professional growth.  Companies come and go, they grow and shrink- especially in technology (and, well, banking these days).  Using the threat of not being able to get a job in the same industry to retain an employee is the worst kind of retention.  

In addition, many non-competes are written so broadly, it is almost impossible to figure out what kind of job with what kind of company is possible. And while very broad non-competes are generally thrown out in some states, the fact a person would have to sue (and pay for the suit) to find a comparable job is astounding.  And then there is the idea of enforcing a non-compete with a laid off employee.  I don’t get it.

While I am not in favor of non-competes in general, I do understand and appreciate the need to protect a company’s intellectual property.  There are other ways to protect the information, and there are ways to write a non-compete that doesn’t prevent a person from making a living doing what they do best in a place they can grow, enjoy their work and contribute to the company’s success (assuming that is not with their current company).

 

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