Just to plant a thought in everyone's minds, a great company, the kind of company you want to work for, will take joy in the fact that they are training their future competitors. As a practical matter, that is what you are doing.
As a way to live that will give you and others happiness and joy, plan on building a work environment where people stay with you, because it is so much fun and so rewarding, that they don't want to leave. The atmosphere will also infect your customers and they will want to be loyal to you, because it is fun and they realize you do such an awesome job for them. Get a lawyer that understands these concepts to advise you. If you have to have a non-compete, make it the least oppressive that you possibly can. On Fri, Apr 17, 2015 at 1:11 PM, William Attwood <[email protected]> wrote: > Any noncompete that hinders an individual's ability to work using a skill > will not be enforceable. They can not close out entire markets. They can > only specify that the individual cannot go work for their current or past > clients. > On Apr 17, 2015 11:02 AM, "Michael Jones" <[email protected]> wrote: > > > I'd have to agree, the invention component is a bit far reaching. If you > > work at a place where you build a billing or CRM solution that connects > to > > Salesforce, for example, and you realize there is a need for a time > > tracking app that could integrate into Salesforce and products like your > > company's solution... so you leave to start your own company and build > your > > time tracking app. It's not reasonable that your previous company should > > own that IP for your app just because it is in a similar industry and > born > > out of an idea you had while working for them. > > > > But how that is currently written would indeed encompass that. So I think > > Steve's suggestion to amend it is at least a good starting point, as they > > should only be able to claim any IP that you build on their time, with > > their resources or *very directly* related to their IP. But something you > > build after you leave the company, on your own time, with your own > > resources and not derived from their IP is yours and they shouldn't have > > any claim to it. > > > > Obviously, standard IANAL disclaimers apply, but that's my take on it. > > > > Sent while mobile. > > > > > On Apr 17, 2015, at 9:16 AM, Steve Meyers <[email protected]> > > wrote: > > > > > > 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 > > > > _______________________________________________ > > > > 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 > _______________________________________________ UPHPU mailing list [email protected] http://uphpu.org/mailman/listinfo/uphpu IRC: #uphpu on irc.freenode.net
