I was going to do some work for a friend of mine. She wants me to sign a non-compete agreement. I don't for see any issues with this, what do you think? Thanks

For how long?
For what distance (geographical area)?
Shed a little more light on this. What of hers/her biz does she want to protect? Customers? Recipes? Proprietary secrets?

I'll let the lawyers weigh in on this. But more info is needed for an informed opinion.

It all matters what it's for and what it stipulates. If it's a business you are never going to go into it's probably a moot point.

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Good friend???

Good friends can become enemy's, especially if theirs money to be made...

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No.

MV

Yes she is a good friend. The business involes medical staff placing. This is not something that I have been doing or planning to do. I'm going to school and it seems like somethinkg that I might enjoy doing. Just want to make sure I'm doing the right thing. The term is six months.

I'm sorry, it's been a long day I'm not sure what you were saying.

Then there should be no question...

Can you post the document so we can see the terms? Also, depending on the state, a non-compete agreement may not be enforceable.

Mark

depends on the role you may play in the company and enforceability may depend on geographic location. In our company the "intelligence and technologies" is developed and maintained under NDA's and non-competes however in a "right to work" state enforceability becomes subjectable.

In the end an employer cannot tell a "plumber" he can no longer or evermore be a "plumber" in the area because he went to work for you but certain trade or inside information can be considered proprietary. I know a gent in Boston that left one firm to go to another firm and was forced to have to "sit" out of the industry until an adequate time lapsed or market condition changes..equal to 8 - 11 months...

In the end my advise is to respect her company policy and protocol and either accept it or move on. If your role is directly relevant to her growth and income then perhaps you need to explore the long term potential and choose your action accordingly. good luck.

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Sorry, I suppose I should have been more clear. In regards to the title of your original post "non-compete agreemennt should I sign?", my answer was "No".

Why would you, what does it offer you? I suppose if you were in a situation where taking this job was going to be the only thing that would allow you to earn enough money to pay your bills, or for a new kidney, or the ransom on your child, or something like that, my answer might be different. But you don't sound all that interested in the job, you sound more like this would be a sideline for a while.

I don't see any reason to place limitations on yourself and what you do with your life without what you deem to be appropriate compensation. Myself for instance, if you want to have me sign an agreement stating that I agree to not go to work for another business of similar nature for a minimun of 6 months after we part company, I'm going to want a signed agreement that upon our parting ways, you will pay me 6 months wages.

It's a simple principle really, you need to look out for yourself, first and foremost. She needs to do likewise. If the two of you can come to an agreement where you both feel that it is in your best interests, good. If not, that's ok too. But you need to look out for yourself.

Furthermore, if she is truly a friend, and you value her as such, you should avoid any business dealings with her. It's a real good way to destroy a friendship. Besides, if you are truly friends, no one would need, nor expect, anyone to sign anything. You only need the signatures if you have reason to doubt in the first place. As a bonus, I'll add, that the above advice also applies to relationships of a less-than-business nature.

Better? Did I clear my answer up? If not, feel free to ask about it...

MV

http://www.legallanguage.com/legalForms/forms/Employment/EmployeeNonCompeteAgreement.pdf


Here is the link to the same templete that she used, she just filled in the blanks. Thanks guys.

If you understand it and agree to it, sign it. Learn everything you can and in six months make the most of it.

In my IS contracting days, I had to sign those all of the time. But I don't believe anyone can really legally prevent you from doing whatever you want, despite the contract.

Heck, when i worked for Sprint, the corporation hired a VP of IS who in less than six months beat feet out the door to become VP of IS for AT&T!!! Either legal really screwed up their wording, or the no-compete clause really doesn't hold any merit in court!

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