RE: Consultants:Dim or Delete the Non-Compete?

Subject: RE: Consultants:Dim or Delete the Non-Compete?
From: "Spreadbury, David C." <David -dot- Spreadbury -at- marconi -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Fri, 15 Mar 2002 12:01:57 -0500

Wouldn't some negotiation with the contractor work? Maybe limit the
non-compete to a year, like the typical 90-day probationary period found at
most companies? One would think a year as a contractor with a company would
tell the company whether you fit their bill or not, and vice-versa. If you
can hold out for a year, then everyone should be happy. The contractor makes
their money on a weekly/monthly basis for a year. The company gets a chance
to determine what type worker you are, at the contract rate. Then, if
everything works out, the company gets a proven employee.

Watch those armor plated briefs. They start chafing quickly.

-----Original Message-----
From: tom -dot- green -at- iwon -dot- com [mailto:tom -dot- green -at- iwon -dot- com]
Sent: Friday, March 15, 2002 10:51 AM
Subject: Re: Consultants:Dim or Delete the Non-Compete?

When I noticed the non-compete clause in my current contract position I
almost walked out in frustration but, I needed the job. Why did I react that
way? I immediately saw it as an illegal restriction that will hinder my
ability to make a living. I understand the need for a headhunter to protect
him/herself but if I am a good contractor here and the company comes up with
a permanent position, I should not have to "pay off" someone who sits and
collects money from my work (which is a source of frustration that is
another story). I'm sure, unless the company sees me as an "invaluable"
asset, it will think twice about hiring me fulltime if it has to fork over a
bunch of cash to do so. I almost want to have the opportunity to challenge
the legality of non-compete clauses in court but I need to pay the bills.

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