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non compete clause?

Asked Mar 23, 2012, 06:34 AM — 4 Answers
I was laid off 9 months ago with the assumption I would come back to work for them. The time has come and they are asking me to sign a non-compete that I did not have before. I'm concerned that I would be laid off again in the future. How can I protect myself. Can I ask for a severance package to be added to it, and if so what amount is acceptable?

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JudyKayTee's Avatar
JudyKayTee Posts: 46,122, Reputation: 23840
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#2

Mar 23, 2012, 06:37 AM
Without knowing the industry and job market and where you live it's impossible to come up with a dollar figure.

Non-competes aren't necessarily legal.

You protect yourself by having an Attorney review anything/everything you sign.
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susanmart's Avatar
susanmart Posts: 2, Reputation: 10
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#3

Mar 23, 2012, 06:44 AM
I am a property manager. I understand in this field, management companies want to protect themselves. The non compete is not stopping me from working for another company, it is stopping me from working on any of there clients properties or the property I will be working on. A severance package in the non compete would make me feel more comfortable. If the non compete is for one year, is a six month severance unacceptable?
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AK lawyer's Avatar
AK lawyer Posts: 10,076, Reputation: 4242
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#4

Mar 25, 2012, 07:03 AM
Quote:
Originally Posted by susanmart View Post
... If the non compete is for one year, is a six month severance unacceptable?
If they offer you six-month severance, offer a six-month non-compete.
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ScottGem's Avatar
ScottGem Posts: 58,576, Reputation: 28375
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#5

Mar 25, 2012, 09:07 AM


Quote:
Originally Posted by susanmart View Post
I am a property manager. I understand in this field, management companies want to protect themselves. The non compete is not stopping me from working for another company, it is stopping me from working on any of there clients properties or the property I will be working on. A severance package in the non compete would make me feel more comfortable. If the non compete is for one year, is a six month severance unacceptable?
So what they want is to protect themselves from having you hired by the owners of the property they manage terminating their contracts? If that is the case, then ask that the agreement specify that you can work for another property manager, but that you cannot contact any of their clients for a period of x months after you are no longer working for them. You can also ask that the agreement specify that it does not apply if they terminate you or lay you off. Frankly, anything else would probably not be enforceable.
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