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

Subject: RE: Consultants:Dim or Delete the Non-Compete?
From: "John Locke" <mail -at- freelock -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Fri, 15 Mar 2002 09:31:34 -0800


Andrew Plato writes, about non-compete agreements:

> Its actually a pretty simple agreement. You are getting a contract job

> in exchange you are agreeing not to pursue independent work with the
> customer for a period of time.


Note: I am not an attorney, so I echo the advice of consulting one if
you still have doubts.

What's been missing so far from this discussion is an actual look at the
terms of the non-compete agreement. I've seen several different
versions, ranging from essentially "You can't work for any client we've
sent you to for x months, without going through us" (agencies) to "You
can't work for any of our competitors for x years" (direct clients, in
my main industry).

I have no problem with the former--the agency found me the job. I can
give them a cut of anything that works out.

I have a big problem with the latter. The client that gave me the worst
one changed the terms to be more specific about their competitors,
adding a definition that made it so they really had no competitors at
the time--but if one started up with exactly the same products/services,
I couldn't work for them for a year. That's where we agreed.

Take a look at the terms, recognize that the agency/client has a (real
or imagined) need to protect their business interests, and don't sign
anything that'll keep you up at night.

Cheers,
John Locke
http://www.freelock.com
Freelock Enterprises, now an LLC!


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References:
Re: Consultants:Dim or Delete the Non-Compete?: From: Andrew Plato

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