NDA Question
I was recently hired as a Tech Support guy for the Great Lakes region vendor of a major educational software company. They have asked me to sign an NDA for both the larger company and my immediate employer. Just glancing over the documents, I noticed there is mention of not working for another company of this type for 3 years upon departure from the company. Is this industry standard, or excessive? Thanks for the help.
Comments
Originally posted by DanMacMan
I was recently hired as a Tech Support guy for the Great Lakes region vendor of a major educational software company. They have asked me to sign an NDA for both the larger company and my immediate employer. Just glancing over the documents, I noticed there is mention of not working for another company of this type for 3 years upon departure from the company. Is this industry standard, or excessive? Thanks for the help.
It is standard in many industries... radio, local network news, and other areas. The idea is that you may have access to proprietary intellectual property, and they do not want you to be able to pass it along to another firm.
3 years is generally long enough for it to cycle out of value.
If the job is worth it I would sign it. I've had to sign them before but one must know that if your skills are highly specialized and a non-compete prevents you from making a living in your area then the non-compete can be voided I believe. Everyone has a right to work. I doubt the legality of a non-compete clause. A free market society is based on competition and labor is most decidely free market.
Originally posted by hmurchison
Non-Compete clauses are very shaky.
If the job is worth it I would sign it. I've had to sign them before but one must know that if your skills are highly specialized and a non-compete prevents you from making a living in your area then the non-compete can be voided I believe. Everyone has a right to work. I doubt the legality of a non-compete clause. A free market society is based on competition and labor is most decidely free market.
While it is true that everyone has an inherent "right" to make a living, there is no specific right to any particular job. Any right you have, you can surrender, either voluntarily, or involuntarily.
Generally, a non-compete clause is binding, so long as it is in good faith, it is specific enough in order to define it's scope, and it is reasonable for the preservation of certain properties or personalities of a given corporation.
It might be negotiable though. Consult with your attorney and let them advise you.
non-competes are nasty but if the job is worth it ie good compensation then it's worth the risk.
"If I am terminated for any reason, or if I leave the company voluntarily, then you will provide me three years salary as severance pay."
V/R,
Aries 1B
Helped me kick off my own business, which was basically in the same field but with lesser clientele (I helped upstart small businesses, they serviced big businesses). Plus, my former employer outsourced a ton of work to me, so not only did I collect that one year's pay, but they kept paying me to do my old job. Good times.
if you are confident you might be able to speak to see if they are willing to drop that to a year