Non Compete contracts

[Cono Este]

So I took a job with my biggest customer. 6 weeks ago, in the interview, i brought up the subject of a non compete. (in penn). I got stupid looks form everyone. I am a consultant, hired to help out with a new business, but i will also be using my own company to import produce form Peru and Chile where i grew up. I bring my own suppliers with me, to their benefit.

So i leased my house in stl, the shipment is in transit, and out of now where they drop a non compete into my blackberry. Whoa!

Its a whopper of non compete, ive signed them before.

My concerns.

1. I can carry a million in risk importing for them with my own company.

2.I brought my own suppliers. 30 yrs of my family in Chilean business. The non compete states any grower i work with while with them.

3.Their "consideration" is 3k in fucking moving expenses.

I liked working with the proprietor of said busines,s but working in his business stinks allready.

I chopped it up good, protecting all i brought in with me and making him assume my liability. I also put my commissions in print too. .

I have some leverage, because the guy has no fucking product right now, and needs my magic in chile right now.

Isnt this some form of duress? middle of a move? Leased my house. MOving expenses?

will it hold up if i sign it?

I could turn around and ship all this shit to his competitors right now, they are all short product.

two can tango

(i did ask my lawyer in ca, he said check with one in penn. but im pissed and maggots usually give better advice)

[Tippster]

Is it area specific or is it National? If the latter tell them to fuck off.

[MakersTeleMark]

Where? PA?

99% answer: sign it or not, just let them try and enforce it when the shit hits the fan. Bilk those fuckers. It's a sign they don't trust you.

PM me if you want more details.

[Skidog]

yeah in my experience enforcements a BIATCH!!!!!!

Just try to get a judge in this day in age to tell you you CANT WORK!

[GetAmped]

Lionel Hutz might be able to chime in on this one.

[ArmadaBC]

Tax attorney not a employment guy but these almost never hold up in court in PA, though for most people that isn't the issue.

To work it out in court could take a long time during which you aren't working or at least aren't able to do your full job. Some people are setup to go 6 months without a pay check some aren't and in PA it could be alot longer than 6 months.

My advice is to go talk with an employment attorney in pa who can review the non compete and let you know what your options are and what the current climate is in whatever fucked up local court system you would be in PA.

The best option is to work with your attorney in crafting an agreement that works for everyone, make them feel protected but make sure you have an easy out. Be a real pain in the ass about this, go over every detail and really make them work, sometimes they decide it isn't worth the trouble and drop it.

If you can deliver like a mofo and are in the position to really save their ass I would tell them to shove it up their ass, when they drop this shit on you mid move they are trying to get you to sign it without ever looking at what's really going on.

[TNKen]

Ignore it and do business.

In TN and VA, these things hold up to a certain degree. Virginia is a pass/fail state, Tennessee will "reform" to a more reasonable restriction.

Consult your attorney.

[Danno]

one option is to not sign it. and then either be direct with them or not about that. If direct, play hardball, say "hey, I brought this up a while ago and nobody said it was in play. If you say I have to sign it, I'm walking."

Even if they're not very enforceable, that doesn't mean they can't cost you a lot of time money and grief dealing with a former employer that tries to enforce it.

[MMP]

if you were hired and then they sprung it on you there was no consideration for entering the agreement.

A contract without consideration for one of the parties is not a valid contract. (according to my 2 years of business law in college)

[stupendous man]

did you sign a contract with them to start working? was the non-compete in that K?

que pena los boludos! no tiene que hacer nada de tu familia en Chile! Ya tienen bastante problemas, no?

[eldereldo]

I had a client try to get me to sign a NC contract, this was at a site for which I had been doing work for years, but just bought out and a new head office. It was so vague that they could have pretty much stopped me from working from anyone they wanted. I told them I wouldn't sign and if they didn't like it they could find another consultant. By that time they were knee deep in an upgrade and had no choice. Never heard about it again. If you are already in deep, and they are more dependent on you, then you are on them, tell them that your query about a NC was in relationship to having them sign one which makes sure thay cannot go around you to your suppliers.

[liv2ski]

tell them that your query about a NC was in relationship to having them sign one which makes sure thay cannot go around you to your suppliers.

Fucking brilliant ftw

[jfost]

why don't you want the free market to decide this for you?

[RShea]

Not a lawyer and do not play one- but Pennsylvania is a right to work state. If the non-compete is not very specific, very narrow in scope (a non-compete from all I have read - they are used in my industry regularly; can't stop you from working or earning a living- just stop you from say going after customers or contacts made on this job, or against working for a direct competitor for some specified amounts of time after the separation, or in a certain geographical area, etc. If it does not then it probably would not hold up, but it is probably better to not test the waters. I would not sign it at all even with the "moving expenses" especially if the terms are such that you could be screwed. Just like they dump it on you want you have already made steps toward going to them and not before the whole leasing of house and all sounds really questionable. Now if they stated by the way we want you under a non-compete contract but will take some time for our lawyer to finish it- that is one thing. I'd stop everything until this is hashed out and also demand more than moving expenses since it sounds like it was sprung on you and you have leverage.