Restrictive Non Compete

[John_M]

What is the name of your state? Washington

I have been out of work for several months after a layoff and have been offered a great job that I want to accept (Eng mgr in a medical co). The employment agreement that I have been asked to sign has a very restrictive non compete section as follows:

"Employee agrees that while employed by (company) and for two years after the last day Employee is employed by (company), Employee will not be employed or affiliated in any capacity by, become an independent contractor or consultant for, or perform any services for a CONFLICTING ORGANIZATION in connention with or relating to a COMPETITIVE PRODUCT or COMPETITIVE RESEARCH."

There is a following section for "compensation for the non competition period" which I will summarize. It basically says that if you receive a job offer from a competitor that you are unable to accept because of the previous section then the company will pay you equivalent to your previous salary.

Is this typical and/or reasonable? (I don't think so)

Is it reasonable for me to negotiate a less restrictive agreement (if so what is reasonable to ask for?) or do I just need to accept this as a condition of employment?

Thanks

 

[IceBlue]

Non-Compete

If Washington is a right to work state, you cannot be forced to sign a non-compete, and if you do, it is virtually unenforceable. If you aren't in a right to work state, good luck.

 

[cbg]

IceBlue is entirely mistaken.

A rignt to work state means solely that you cannot be forced to join a union in order to get work. It has absolutely nothing whatsoever to do with whether or not you can be asked to sign a non-compete, or whether or not that non-compete is enforceable.

Non-compete agreements are legal in most states. I only know of one in which they are considered non-enforceable, and it is not Washington. However, in my state the one you refer to could not be entirely enforced, because two years would be considered too long.

You will need to show the ENTIRE agreement to an attorney in your state to see how much, if any, of it can be enforced.