For the non-compete, I'd think 6 months is sufficient. They need to understand that if the definition is too broad, it will just be unenforceable anyway, so they should narrow it up a bit (and make it unambiguous).
I've taken to amending the "invention" agreements to specify that they only own them if they were made on work time. I've never had a company have a problem with that, and at least one amended their standard contract. On 04/17/2015 09:09 AM, David Skinner wrote: > All, > > My company is working on introducing some non-compete documents. I'm going > through them to recommend some modifications. In the documents they state a > non-compete period of 2 years following employee termination date. > > *My question to you all is what is common nowadays for a non-compete time > frame?* I've heard that 6 months is typical with 1 year being about as long > as will hold up in Utah courts. > > Another section states that "In competition with the Company". Here is a > snippet: > > The phrase “In Competition With The Company” as used throughout Article I > of this Agreement will be deemed to include direct or indirect competition > with the Company or its respective successors or > assigns, or the businesses of any of the foregoing. A person, firm, > business or enterprise is In Competition With the Company if it is engaged > in any industries with similar product offerings of the Company. This > includes, but is not limited to, the following business operations: (a) > publishing and creation of sales and training tools, (b) kit creation and > production, (c) online customer relationship management (CRM) tools, (d) > online social sharing tools, (e) online prospecting system, (f) other > products and services related to direct sales and multi-level marketing and > (g) fulfillment and > distribution of sales tools, for direct sales companies and multi-level > marketing companies. > > I interpret this two ways: > > * It's considered competition to work for a company that has any CRM tools > and/or online social sharing tools in general > - OR - > * It's considered competition to work for a company that has any CRM tools > and/or online social sharing tools "...for direct sales companies and > multi-level marketing companies." > > *What do you all think about that section? Is it the first interpretation > or the second? Or some other option?* > > One last section mentions that there is a period of 1 year after employment > where any inventions by the employee "...which relate in any way to or > arise out of the Company’s actual and/or anticipated web development or > business activities or products, including planned or proposed activities > or products..." will be owned by the company. > > *Is 1 year an acceptable period of time?* > > Any and all help is appreciated. > > Thanks, > > David Skinner > > _______________________________________________ > > UPHPU mailing list > [email protected] > http://uphpu.org/mailman/listinfo/uphpu > IRC: #uphpu on irc.freenode.net > _______________________________________________ UPHPU mailing list [email protected] http://uphpu.org/mailman/listinfo/uphpu IRC: #uphpu on irc.freenode.net
