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Subject:Fw: Non-compete clause query From:Chuck Martin <cmartin -at- SEEKERSOFT -dot- COM> Date:Fri, 10 Oct 1997 09:39:24 -0700
It is an unreasonable request. The original writer should either strike out
that clause or find another agency.
I believe in California that clause is unenforceable. You cannot be kept
from marketing yourself, from the ability to get work in the marketplace.
That clause is a clear restraint of trade.
--
"You don't look American"
"Everyone looks American, because Americans are from everywhere"
- Doonesbury
Chuck Martin
Technical Writer, Seeker Software, Inc. | Personal
cmartin -at- seekersoft -dot- com | writer -at- grin -dot- net
www.seekersoft.com | www.grin.net/~writer
-----Original Message-----
From: Eric J. Ray <ejray -at- RAYCOMM -dot- COM>
>Forwarded on request. Please don't reply to me, 'cause I can't
>forward responses to the sender. Send all responses to the list.
>Thanks!
>
>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>I am a technical writer working for a contracting AGENCY that has
>contract agreements with various large EMPLOYERS in our area. The AGENCY
>recently presented us (the employees of the agency) with a non-compete
>agreement. Anyone have any experience with this type of thing?
>
>We are being asked to agree not to compete _as_a_contractor_ for a
>period of two years from the time we are no longer working for the
>AGENCY. I understand the logic, but the part that bothers me is the
>two-year clause. Is this typical? Is it legal? I'd appreciate any
>feedback or experience (espcially on the legality aspect).
>
>
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