I've received an offer letter for an amazing job.

24 Comments

1. AnonymousFebruary 13,2024 at 2:33PM UTC

   Honest question: is there a clause in the non-compete about working within a certain milage? There could be ways around it.

2. AnonymousFebruary 13,2024 at 2:55PM UTC

   There is no mileage stipulation, so this leads me to believe that it would be nationwide

3. AnonymousFebruary 13,2024 at 4:51PM UTC

   It would be impossible for them to enforce a nationwide non-compete (not least of all because they are illegal in several states now). I would ask for a lot of clarity here especially since you are saying "leads me to believe." Get the direct answers from them.

4. AnonymousFebruary 13,2024 at 2:35PM UTC

   3 years is a long time and I've not seen that even for executive level roles. Does it carve out specific industries? Companies? Distance?

5. AnonymousFebruary 13,2024 at 2:54PM UTC

   It does refer to current companies or vendors that they are currently doing business with or in negotiations with. Pertains to competitors of the industry. There is no miles radius or geography base stipulation.

6. AnonymousFebruary 13,2024 at 2:54PM UTC

   I might sign it recognizing that 5 states have made them illegal and there is legislative activity moving to do so in other states. I am in DC which has significantly restricted noncompetes. Good luck with whatever you decide to do and congratulations on landing an amazing offer.

7. Kimberly McFebruary 13,2024 at 3:17PM UTC

   This would be a big deal breaker for me. Ask if there’s wiggle room in the non compete timeline, if it’s a job you’re really interested in. Otherwise, turn it down. But tell the hiring manager and recruiter that one of the reasons you’re turning it down is the unreasonable 3 year non compete.

8. AnonymousFebruary 13,2024 at 3:30PM UTC

   A recruiter should assist or do some negotiation for you with the company, if you connect via a recruiter.

9. AnonymousFebruary 13,2024 at 4:50PM UTC

   Non-compete clauses are also almost impossible to enforce so talking to an attorney can also help you out here (since you may find it doesn't matter).

10. AnonymousFebruary 13,2024 at 3:21PM UTC

    Congratulations on your offer.

    Yes, 3 years is very long for a non-compete, especially if you are in a non-C suite position.

    If your state hasn’t made non-compete agreements unenforceable or otherwise limited them, you might want to renegotiate the non-compete clause in your contract to terms more acceptable to you.

    You can propose changing the length of the non-compete clause and/or restricting other terms. Look up non-compete clauses online to find alternatives.

    Another option is to find an attorney to review the contract for you and renegotiate it on your behalf.

11. AnonymousFebruary 13,2024 at 3:37PM UTC

    Anonymous

    02/13/24 at 10:35AM EST

    The standard non-compete time in my field of medical technology is two years for a specific geographic area in some cases. Really an employer expects some questions with a contract. You have nothing to lose by asking to limit it to a year - they may come back with 18 months or go with your request.

12. Les MitchFebruary 13,2024 at 4:21PM UTC

    Make sure the parameters of the non-compete are outlined and specific. Aside from time, it should also outline distance, industry, and if it affects you going into your business or another. Generalized non-competes tend to be for a few months; more specific ones may be years.

    In my experience, well-defined NCs and NDAs are reserved for senior and leadership teams to help protect corporate culture, business practices, and trade secrets. Consider this as well in your benefits negotiations. The stricter either document is the higher the level of responsibility & pay there should be.

13. AnonymousFebruary 13,2024 at 4:22PM UTC

    In some states non-compete language is not legally enforceable.
    In others they are only enforceable in certain circumstances.

    I would run this by an employment attorney to be clear.

14. AnonymousFebruary 13,2024 at 4:48PM UTC

    Most non-competes are not legally enforceable. I think it's perfectly reasonable to look into it further and ask questions. I also think it's fully fair for you to assess what it means for you - for example, if you live in a big metro area and it's a 3-year in a relatively short radius, it might not matter. Given it sounds like you're remote, the geography may not be relevant. For example, my non-compete before our company removed it was for 50 miles in the ATL area and I don't live there since I'm remote so it didn't matter to me in the slightest.

15. AnonymousFebruary 13,2024 at 7:11PM UTC

    In California it is unenforceable. Depending upon where you are most states are doing away with those. Check your DOL and see what rules are in place in your location.

16. AnonymousFebruary 13,2024 at 8:28PM UTC

    Negotiate.
    Ask them to change it. Then go from there. If they are not willing, then consider if you want to do that to yourself. I am an exec asst. My company just laid me off and tried putting that in my separation agreement. I consulted with lawyers (free) who wanted $500+ an hour to get that out with at least 3 hours. I went back to HR and said i want it out its undue hardship, I'm an EA not a VP. and I guess to get me to go away they simply took it out. I saved myself a boatload. Oh and research your state too - because it might be unenforceable and/or illegal or in the works to be. And if you find that out, you can use that as well as stating it would cause undue hardship

17. AnonymousFebruary 14,2024 at 12:54PM UTC

    Overall legislation is looking at the validity of 'noncompete agreements' and if they can really be held up legally. It's hard to justify to take away a chance to earn income from another role. I think it will look more towards proprietory and patented applications in the future. Keeping in mind, once you ruin your integrity, example, client stealing, it will follow your reputation. Check out your state's current legal view on non-competes, etc. If they're going to ask that, then ask for a guaranteed salary for those additional 3 years whether you're working for them or not.

18. AnonymousFebruary 14,2024 at 1:54PM UTC

    I'd be surprised if it would end up being legally enforceable. That said, I'd still negotiate it down anyway.

19. AnonymousFebruary 14,2024 at 2:15PM UTC

    Check with your state's Department of Labor whether it is enforceable. They aren't in most right-to-work states, as this limits your ability to find or accept a job. Three years isn't unheard of, but most are for one or two. It shouldn't be applicable if you aren't in senior management or an IC that is an SME in the industry.

    The non-compete isn't for the industry, just for a direct competitor. It won't apply if you go somewhere else that does not have competing products or services. For example, if this is an engineering company that builds cameras and you are an engineer, it wouldn't apply to a company that produces microscopes (unless they have a competing product that takes pictures, and that is what you are working on.)

20. AnonymousFebruary 14,2024 at 2:21PM UTC

    I have been a stay-at-home mom for several years due to my son’s special needs. Previously, I worked as a graphic designer and did occasional freelancing. During this time, I dedicated myself to tutoring and supporting my son academically, often creating visual learning materials for him. Now that my son is older, I am eager to return to the workforce, preferably in a remote position to accommodate his ongoing needs. However, this transition has proven to be challenging.

    Initially, I was uncertain whether to include my stay-at-home experience and the skills I gained on my resume, but after conducting research, I concluded that it would be beneficial.

    Despite my efforts, I am still struggling to find opportunities. I have explored reentry programs, but they predominantly focus on tech roles. I even considered a clerical positions, although I haven’t worked in that field since my 20s, and I am now 44 years old. Does anyone have any suggestions or advice?”

21. Shana AelonyFebruary 14,2024 at 2:46PM UTC

    Just a note to be sure if you haven't already to broadcast to everyone you know that you have volunteered with, met through activities with your child, friends and colleagues from a long time ago know that you're open to work. Include any school communities. Ideally with a great branded graphic piece or link to your site with samples. Best of luck!

22. AnonymousFebruary 14,2024 at 8:48PM UTC

    Thank you! I will consider all the possibilities you mentioned!

23. AnonymousFebruary 14,2024 at 4:51PM UTC

    My husband had a non compete and initially it was 2 years, but when he found a new role it was 6 months so usually it’s not fully enforced for the longer timeline, and he continued to receive the same pay during the no compete.

24. AnonymousFebruary 15,2024 at 1:23PM UTC

    Take the agreement to a lawyer and get the true facts and your true rights. Every state is different. To ask in this forum is nice, because everyone can share a story. But only an attorney in your state can tell you what can and can't be done with a non compete.