non-competes aren't universal in the US at least. that said I am moving to a place where non competes DO exist (moving for grad school) and so I would much appreciate any advice and/or horror stories regarding how to manage them.
Imho, if you are asked to sign one then push back against it as hard as you can.
If you end up having to sign it, my problem is the power they give the employer, and the leverage that affords them to do frankly illegal things.
F.ex. my employer knows I'm covered by a non-compete. My employer also knows I'm being considered for a position at another firm. My employer calls the other firm and "reminds" them that its employees all sign non-compete agreements...
F.ex. I'm asking for a raise. My company knows I'm in dire financial straits and couldn't afford a year without income. The non-compete is broad enough to cover any employment in the field I'd have. They of course turn down my request because why would they worry about my leaving?
The chilling effect is that these same results can happen even if your company isn't enough of a dick to legally pursue its non-compete.
The mere threat of enforcement has therefore changed your behavior.
In another thread on the topic, I suggested getting a copy of the non-compete (or that one will not be used) as early in the hiring process as possible. If there is one, and you find the terms unreasonable (which to me is anything beyond "I promise not to work for a direct competitor on the same thing for 6 months"), I suggested putting a dollar amount over the presumably then negotiated salary.
E.g. "I think this non-compete is overly restrictive. Here are the things I would like changed. If this is important to you to be signed as-is, then I'll need salary x + y% instead of x."
Hey I never saw this. Thank you for saying this. I'll keep it in mind. This is good crystallization of some of my thoughts. I think if they do make it a pre-condition of employment I'll go over it with a VERY fine toothed comb with a good lawyer.
