Thursday, January 25, 2007
Noncompete "Conventional Wisdom"
Here is a noncompete Q&A from Sunday's NY Times "Career Coach" column. Here's a flavor:
Q. Is there a way to avoid these issues altogether?A. Not if an employer insists on a noncompete agreement.
Peter Polachi, managing partner at Polachi & Company, an executive search firm in Framingham, Mass., says that because a noncompete agreement has such bearing on future employability, it should be regarded as a crucial facet of a job offer — equivalent to factors like pay and benefits packages.
D. Kevin Berchelmann, president of Triangle Performance, a consulting firm in Spring, Tex., says that if a prospective employer insists on a signed agreement, you have a choice: approve the document or decline it and start your job search all over again.
“Noncompete agreements are not designed to be win-win for employees,” he said. “No matter how much you may not like the idea of a noncompete, if you want the job, you may have to sign.”
[Meredith R. Miller]
https://lawprofessors.typepad.com/contractsprof_blog/2007/01/noncompete_conv.html