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

Subject: RE: Consultants:Dim or Delete the Non-Compete?
From: "Wilcox, Rose (ZB5646)" <Rose -dot- Wilcox -at- pinnaclewest -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Fri, 15 Mar 2002 16:40:08 -0700


Regarding non-competes:

When they are simply about me quitting the agency to work for the company, I
sign 'em easily. If I think I might like to go captive at that company down
the line, I ask my agency about it. Oftentimes, they already have an
agreement with the company about how something like that might go. If it is
harsh non-compete, I try not to sign it.

I was only threatened with being sued regarding a non-compete one time. My
agency foolishly threatened the company which had hired me. The manager I
worked for told me it proved to him I was a valuable resource worth fighting
for. Ironically, I had actually failed to sign that non-compete, as it was
one of those nasty "you'll never work for anyone else in this town if you
leave us" types, and noone pressed me for it, so I just left it out of my
paperwork at hiring time. Perhaps that was sneaky and underhanded of me. I
was more subtle in my youth! (This was about 16 years ago....)

However, I heard that this agency took others to court based on this
non-compete and it was thrown out of court.

I definitely believe the consulting agency has a right to protect themselves
from unscrupulous clients and consultants taking future earnings away by
making agreements behind the agency's back. However, if a agency wants to
keep me on contract, they had better market me assiduously before the
contract's ending, or I can and I will take my next contract at one of their
client's shop with a different agency.

Likely is, if you get me a job, I will work for you. If you don't get me a
job, I will take one where I can find it. Of course, I will be taking
billing rates and benefits into account, if given a choice. And I hope the
economy will make such comparisons commonplace again soon!

Rose A. Wilcox
Project Office / Power Trading
Communication Specialist / Technical Writer
Rose -dot- Wilcox -at- PinnacleWest -dot- com



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