Re:
by btilly on Tuesday March 21, 2017 @05:46PM
(#13926559)
If you want to know your rights then run, do not walk, to a lawyer. Whether or not a non-compete is binding, and what it binds you to is a matter of state law, and you need someone who knows your state's law to know what applies to you. The answer could be anything from you can sign and laugh at their ignorance to you might as well be signing away your firstborn.
As for negotiating, there is no good answer to that. Or rather, there are many. But the negotiating tactics that work best for me are very, very different than the ones that work best for my wife. Without knowing you better any advice is as likely to hurt as help.
But there is one other piece of advice. You might want to delete this post. Right now you are unhappy, but if coworkers see this post THEY might get unhappy with YOU. Even if you change your mind, that could be a problem. Questions like this shouldn't be traceable back to you on the internet.
Re:
by btilly on Tuesday March 21, 2017 @06:54PM
(#13927033)
But they still might not like you discussing this in public. At. All.
Your profile has more than enough identifying information to find you on LinkedIn. Which means that I now can name a company that is potentially going to be bought out by someone else. My guess is that this is supposed to be a confidential deal.
This is NOT something to do while in a situation that could easily result in conflict. It is one thing to leave, another to burn bridges, and a very different third to burn bridges so completely that you wind up in the legal system. And any future potential employer who sees this will see a giant red flag.
Sounds like this is a really good opportunity to look around and get some other offers and see what else is out there to do.
If they lay you off while you're doing your 'due diligence', then immediately file for unemployment benefits.
Also, just because someone puts a piece of paper in front of you doesn't mean you have to sign it. I went to a "team build" with one company I worked with and they passed out a bunch of stuff for us to sign, including a ridiculous noncompete. I neglected to turn in the papers I didn't care to sign and they never pursued it.
EDIT: also note that when you are layed off, you are typically eligable for COBRA paid for by your former employer, as well as the triggering of any deferred benefits, as well as the payout of acrued leave
That's why, as btilly has already said, you should go get a lawyer. I can't walk you through it, nor am I legally qualified to do so, and even if I were (as real lawyers say on the Internet) I wouldn't be your lawyer.
After speaking with Jane Legalese, Esq., you conclude that the agreement is not suitable to you. You can either cross out and initial the parts that you take issue with, and maybe the other side will be fine with that. Or maybe they're not. Then you can decide which hill you'd like to die on: the hill of philosophical rigor, or that of pragmatism. IOW, pick the job or "the principal of the thing".
Though if you're "willing to walk away", that does put you in a better standing.
Like other people have said, you probably need to talk to a lawyer, but one possible avenue is to just cross out the offending passages (initial and date the modifications, get a copy for yourself), then sign and return the contract. If it's important to them and not just boilerplate that they don't care about, they'll come back to you to negotiate. I'm fairly certain you are not responsible for notifying them of changes in the same way that they are not responsible for pointing out the fine print in everything they hand you to sign.
What is the scope and time limit on the NDA and you of course will be compensated fairly for the gardening leave and no just having a job is not compensation
As for negotiating, there is no good answer to that. Or rather, there are many. But the negotiating tactics that work best for me are very, very different than the ones that work best for my wife. Without knowing you better any advice is as likely to hurt as help.
But there is one other piece of advice. You might want to delete this post. Right now you are unhappy, but if coworkers see this post THEY might get unhappy with YOU. Even if you change your mind, that could be a problem. Questions like this shouldn't be traceable back to you on the internet.
Your profile has more than enough identifying information to find you on LinkedIn. Which means that I now can name a company that is potentially going to be bought out by someone else. My guess is that this is supposed to be a confidential deal.
This is NOT something to do while in a situation that could easily result in conflict. It is one thing to leave, another to burn bridges, and a very different third to burn bridges so completely that you wind up in the legal system. And any future potential employer who sees this will see a giant red flag.
If they lay you off while you're doing your 'due diligence', then immediately file for unemployment benefits.
Also, just because someone puts a piece of paper in front of you doesn't mean you have to sign it. I went to a "team build" with one company I worked with and they passed out a bunch of stuff for us to sign, including a ridiculous noncompete. I neglected to turn in the papers I didn't care to sign and they never pursued it.
EDIT: also note that when you are layed off, you are typically eligable for COBRA paid for by your former employer, as well as the triggering of any deferred benefits, as well as the payout of acrued leave
That's why, as btilly has already said, you should go get a lawyer. I can't walk you through it, nor am I legally qualified to do so, and even if I were (as real lawyers say on the Internet) I wouldn't be your lawyer.
After speaking with Jane Legalese, Esq., you conclude that the agreement is not suitable to you. You can either cross out and initial the parts that you take issue with, and maybe the other side will be fine with that. Or maybe they're not. Then you can decide which hill you'd like to die on: the hill of philosophical rigor, or that of pragmatism. IOW, pick the job or "the principal of the thing".
Though if you're "willing to walk away", that does put you in a better standing.
We join with our existing T&C and length of service plus a signing on bonus.