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Non compete clauses

Discussion in 'Mayberry Lounge' started by FlowWithTheGo23, Oct 15, 2013.

  1. GSP_37 Titanium Belt

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    I think they are illegal in California, a state that protects employees' rights to earn a living.

    You should look at the specific wording of yours. To be valid in states other than CA, there must have been consideration (something) given in exchange for the agreement. There must be limited duration, limited geographic area. Your state law might even have something that says it's illegal if it creates undue hardship.

    Your state probably has an employment law section on its website that talks about this. If you decide to talk to an attorney about this, you want to ask if he usually represents employees or represents employers.
     
  2. FlowWithTheGo23 Black Belt

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    Good idea...never even thought of that.
     
  3. FlowWithTheGo23 Black Belt

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    Just found out that the position I'm applying to has benefits that put my current ones to shame. Man I hope it goes well.
     
  4. equus Horse Belt Staff Member Senior Moderator

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    came to say this.
     
  5. FlowWithTheGo23 Black Belt

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    As someone mentioned, it seems like they may just exist to provide some sort of psychological barrier or something.
     
  6. anaconda Full of sound and fury, signifying nothing.

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    You should definitely not have an issue if it is in a different industry.

    Non-competes in general are hard to enforce and are looked upon unfavorably in the courts. They should be very specific and limited in time, industry, and geographical scope. The courts recognize that a person has a right to work and earn a living and if something in the agreement is found unreasonable, they will find the whole agreement unenforceable.

    If you have the potential to steal customers or former clients they may try to do something about it. But generally, in a case like yours, its probably not something to worry about.
     
  7. FlowWithTheGo23 Black Belt

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    Yeah, they're two different industries. My boss is just such an asshole, nothing he does would surprise me.
     
  8. iThrillhouse Silver Belt

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    My uncles brother in law signed a non compete clause with his company and had to wait a full year before he started directly competing with them..So when his "clause was up" he then decided to directly compete with them by bringing LUSH to Canada, now he's like a multimillionaire and there was nothing they could do about it! NOTHING!
     
  9. GSP_37 Titanium Belt

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    Attempting to deny someone the right to earn a living and put food on the table is a despicable act and we need some brave modern day Abraham Lincoln to stand up for the little guys and against the corporate greed.
     
  10. greygoose Brown Belt

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    I deal w/ non-competes on the daily as a headhunter. Most are just in place to discourage an employee from leaving, and are rarely enforced (I've seen only a couple of cases - a founding employee moving to a direct competitor, and other smaller companies with founders that are punching above their weight). Courts generally look down upon non-competes as well, and given the current economic climate, even moreso. Also, depending on what state you live/work in (right to work, and basically Cali).
     
  11. SevenSamurai Silver Belt

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    Hook me up with some Bath Bombs for the GF! lulz

    Lush makes great products.
     
  12. iThrillhouse Silver Belt

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    man if I could I'd be asking for hook ups every month, sadly I've never met the guy
     
  13. SevenSamurai Silver Belt

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    Lush is the easiest place in the world for gifts for females.
     
  14. iThrillhouse Silver Belt

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    and its pricey enough that you get the "WOW! YOU SHOULDN'T HAVE!" reaction
     
  15. SevenSamurai Silver Belt

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    sad that this is true for most.

    My GF used to be very wealthy growing up and lost it all at age 17 including her house, horses, boats, etc and eventually both parents from the stress killing them.

    So she is not impressed with spending money -she's acts like she is an old woman who lived through the depression when I buy her things lulz. She'd rather me save money than spend it on her.

    but she is a rare find.
     
  16. Bebop Brown Belt

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    I'm sure McDonald's won't try to intervene if you get hired by Wendy's
     
  17. iThrillhouse Silver Belt

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    man that right there is fantastic
     

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