- 14 Replies
- MemberMarch 21, 2012 at 4:58 am
Are you referring to moon-lighting or post employment? I have only worked for ten companies and nine of them frowned on the idea of moon-lighting but did not specifically forbid it. The tenth said you gotta do what you gotta do to feed your family, but be up front about it.
- MemberMarch 21, 2012 at 5:14 am
> Are these common for Surveying Firms?
I think that the alleged so-called “non compete” clause relates more to an individual than to a firm. Thus rendering it a non-issue.
Plus I think there are many regulatory items in place in most states that cover this… for professionals.
Non-professionals, the sky is the limit. Keep fishing…..
- MemberMarch 21, 2012 at 5:33 am
I’m guessing you are referring to a situation where someone is willing to hire you to take a rather important position in a small firm. You would be given access to much that might assist you in starting your own business. The goal of the non-complete clause would be to prevent you from opening your own business such that you devalue that of the employer.
I have seen this done with a relatively uncommon consulting firm. The non-compete clause included a minimum distance of separation between main offices for a certain number of years upon leaving the employer. Viewing this from the employer’s situation, it is highly risky to bring someone into a firm you have built and train them to take your place someday, only to have them skip out across the street and taking as many of your clients as possible with them. Also, if the firm’s specialty is fairly narrow in scope, the possibility of investing in someone who could greatly injure your firm if things turn sour is very disconcerting.
- MemberMarch 21, 2012 at 11:33 am
In my experience they are common. Non compete and non solicitation are both common in my experience, but very different.
- MemberMarch 21, 2012 at 11:56 am
> I have only worked for ten companies and…
- MemberMarch 21, 2012 at 2:05 pm
“I have seen this done with a relatively uncommon consulting firm.”
- MemberMarch 21, 2012 at 3:16 pm
This is a consulting engineering firm with a very narrow specialty. Very few similar firms exist nationwide.
- MemberMarch 21, 2012 at 5:56 pm
Depends on if you live in an “At will” state. Check with your state. It may be that this in a non issue.
- MemberMarch 21, 2012 at 9:43 pm
Not entirely uncommon, but I would insist on a severance package clause…
- MemberMarch 21, 2012 at 10:59 pm
The scenario is a mid sized/small consulting firm (30 employees) is interested in branching out into surveying along with other services they provide. I’d be the branch. The diversity of the company lends itself readily to a great set of clients. I would be privy to that information. In the past they have had some other employees leave and go to work for a competitor. They are installing a newly created non-compete clause directly related to that. They don’t know anything more about surveying than what they have invested in me. I am concerned with the implications of signing it and the associated restrictions on my future employment should they decide in a short time period that they do not want to continue with their surveying venture.
Can I draft my own severance document which would protect me and my ability to work in the same geographic area in the scenario where they decide to go another direction and have my employer sign it?
- MemberMarch 21, 2012 at 11:17 pm
In order for it to be legal, each party must get something from the deal. They get you to not compete/work and you get _____________. You fill in the blank.
If they terminate you, require that you will receive your regular pay for the amount of time you are not allowed to compete/work.
(Advice from my lawyer when I was under a non-compete agreement, but as always, seek a lawyer for matters of law as you would select a surveyor to survey your land 😉 )
- MemberMarch 21, 2012 at 11:23 pm
> (Advice from my lawyer when I was under a non-compete agreement, but as always, seek a lawyer for matters of law as you would select a surveyor to survey your land 😉 )
- MemberMarch 22, 2012 at 3:20 am
Now as I re-read your post, you’re telling me the non-compete clause is illegal if both sides are not receiving something?
- MemberMarch 22, 2012 at 2:08 pm
Yes, that is what I understood from my lawyer. I might not have understood my lawyer or it may be different in your state.
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