disclosure (was Re: LAW: (long) enforceability of noncompete agreements)

[John Gough <gough -at- AUSTIN -dot- ASC -dot- SLB -dot- COM>]

Elna Tymes wrote:
>I use the term "agency" to refer to what other people call "headhunters"
>out here in Silicon Valley.  We are not such a company.  We ARE a
>company that hires (and trains) people AS OUR EMPLOYEES, and have them
>work on contracts that we as a company land for fulfillment.

Yes, but the relevant point is that you are an employer, which
you did not say in your original posts.  It's even more relevant
because you perform work for other companies on contract--you
account for their interests as well as your own in your
written agreements with employees. I think that it is
important to disclose any commercial or propietary interest
you have in an issue that affects our profession.

Clearly you are in a position to benefit, legitimately
or illegitimately, from non-compete agreements. We have the
right to figure that position into our consideration of whatever
ideas and opinions you choose to share.

>That I choose to not debate with you on this board the moral rightness
>of your crusade is simply a reflection of how busy we are with other

You have spent rather a lot of time (several private emails and posts)
pooh-poohing the issues and telling us that you're too busy to
debate... :-)  Hey, it's a free country (so far). If you don't want to
post on this topic, don't post.

>That you're
>trying to raise questions about my or my company's ethics is not an
>appropriate topic for this list.

This is a place where we engage in discussions about the profession.
We rely on each other to be honest and forthcoming in the information
we post.  This is not the first time that the issue of disclosure
of commercial interests has come up. I think it's appropriate
to disclose such information about posters who do not disclose it
themselves, whether the the information was witheld accidentally or
deliberately.

Just to disclose my own experiences: I am not a business owner and
I have never been personally involved in any litigation or complaints
about noncompete agreements. I've signed them, you bet, every time,
though once I crossed it out once to see what would happen. :-)  My
interest in this issue stems from a desire to get some relief from business
interests restraining trade in my profession.  Even if those clauses
are never enforced, I think they do restrain trade by persuading people
that they don't have the right to work with any employer they choose.
I think it's dangerous to allow illegal clauses to remain in contracts--they
have a way of becoming legal over time.

John

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