Re: Non-compete clause query

Subject: Re: Non-compete clause query
From: "John P. Brinegar" <johnbri -at- PRIMENET -dot- COM>
Date: Wed, 8 Oct 1997 07:57:21 -0700

One- and two-year non-compete agreements are fairly typical.

The problem with such agreements is just what competition is. I was a
witness in a trial that was about this. This case dragged on for over 6
years, causing considerable anxiety and lost work time to the friend I was
testifying for. Eventually, she won her countersuit and was awarded

I'd get a laywer to help me to be sure that a clear definition of
"competition" is written into the agreement.

>I am a technical writer working for a contracting AGENCY that has
>contract agreements with various large EMPLOYERS in our area. The AGENCY
>recently presented us (the employees of the agency) with a non-compete
>agreement. Anyone have any experience with this type of thing?
>We are being asked to agree not to compete _as_a_contractor_ for a
>period of two years from the time we are no longer working for the
>AGENCY. I understand the logic, but the part that bothers me is the
>two-year clause. Is this typical? Is it legal? I'd appreciate any
>feedback or experience (espcially on the legality aspect).

John P. Brinegar
Consulting and development Phoenix, Arizona, U.S.A.
-Performance support systems (602) 278-7398
-Technical communications johnbri -at- primenet -dot- com or dad -at- vr2link -dot- com

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