No compete

[Aaron]

Does your shop make you sign a no compete agreement?

Just got one and I'm in shock still...

[G_Town]

Yep.

[gnubler]

No.

[Joe]

No but it's not uncommon.

[Aaron]

For people other than sales?

And that you can't work in printing in the area for a set amount of time after "leaving" your current employer?

[ninjaPB_43]

I've been told by many many people, these documents are horseshit.  A previous employer cannot keep you from working for the competition. They can keep you from divulging "trade secrets" or proprietary information. But they CANNOT stop you from working for whoever you want to work for. Period.

[DigitalCrapShoveler]

I've been told by many many people, these documents are horseshit.  A previous employer cannot keep you from working for the competition. They can keep you from divulging "trade secrets" or proprietary information. But they CANNOT stop you from working for whoever you want to work for. Period.

Yep, that pretty much sums it up. I have signed one almost every single place I have worked. I'm not working there, and I am working here, so it goes to show how much they actually honor it. They absolutely CANNOT stop you from making a living, no matter what they think.

[Joe]

And that you can't work in printing in the area for a set amount of time after "leaving" your current employer?

Yeah, I would tell them to omit that part of it.

A non-compete clause or covenant not to compete (CNC), is a term used in contract law  under which one party (usually an employee) agrees not to pursue a similar profession or trade in competition against another party (usually the employer). As a contract provision, a CNC is bound by traditional contract requirements including the consideration  doctrine. The use of such clauses is premised on the possibility that upon their termination or resignation, an employee might begin working for a competitor or starting a business, and gain competitive advantage by abusing confidential information about their former employer's operations or trade secrets, or sensitive information such as customer/client lists, business practices, upcoming products, and marketing plans.

Conversely, a business might abuse a non-compete covenant to prevent an employee from working elsewhere at all. Most jurisdictions in which such contracts have been examined by the courts have deemed CNCs to be legally binding so long as the clause contains reasonable limitations as to the geographical area and time period in which an employee of a company may not compete. Courts have held that, as a matter of public policy, an individual cannot be barred from carrying out a trade in which (s)he has been trained except to the extent that is necessary to protect the employer.[citation needed]

The extent to which non-compete clauses are legally allowed varies per jurisdiction. Some jurisdictions, such as the state of California in the US, invalidate non-compete-clauses for all but equity stakeholders in businesses.

[The Stevinator]

It is uncommon for production workers.  Typically they're reserved for sales and management.  The question is, what do you know that's so valuable?

[Joe]

It's fairly common in prepress. I've had to sign them at previous places. Just not here.

[DigitalCrapShoveler]

It's VERY common out here. I've never seen one instance where anything was done about it.

[Aaron]

I have no reservations signing one if it only states I am not allowed to share trade secrets from my current employer or client lists. But to tell me I can't work in the field I am trained in for 2 years?? What am I suppose to do? Bag groceries until the 2 years are up???

Isn't this just the business world? People learn and grow through all their work experiences. How can I be legally held to one employer for the rest of my professional career?

So should I just sign it and not worry about it? It concerns me to say I can't work elsewhere if something better arises.

I can ask him to omit sections, Joe? I really don't see him doing it though.

[Joe]

Many employers think it is a way of keeping employees from leaving after they've went to the expense of training them. The one I signed in the past did not state I couldn't work in the field for 2 years after I left that company. It said I couldn't work for another competitive company in this field, in this area, for 2 years from the date they hired me which means they were guaranteed to get my services for two years before I could legally leave. If your reads like the former I would ask them to take it out. What happens if you refuse to sign?

[Aaron]

I'm not sure anything would happen... to me. I am the only prepress person. They couldn't fire me. Not that I'm irreplaceable, just that I'm all there is and getting someone new would probably take a while in my small marketplace. Believe me, I'm not one of those people with huge egos that feels like the company would sink without them.

But I heard from the Plant Manager that if anyone else (the pressroom and bindery guys) refuse to sign, they are immediately fired. Although it my be an empty threat.

[ninjaPB_43]

Capitalism is a bitch, and it's getting more and more cut-throat. It's actually quite distasteful all the "tricks" these fat cats in suit try to pull to "lock-down" their employees while they rob their pockets and dignity.

Frankly(and take or leave the advice I couldn't care less but), sign it and then forget it. If something else comes up that is better, take it. You're under NO obligation to explain to your current employer why you would be leaving. Ask yourself this, do you think your company has the time, money, or interest in suing you over you going to another company? What good would it do them? If you're working in prepress it's not like they'd get a fortune out of you... Unless you have some major trade secret, in that case, they should be paying you more anyway.