How do I make a lateral move with a noncompete?
January 23, 2015 11:50 PM Subscribe
I'm looking to switch jobs within the same industry. I'm under a non-compete for up to 12 months, terminated at my current firm's discretion. How does a job search work?
I'm going to pay a lawyer to look at it and tell me what I can and can't do. I'm not interested in answers about how most non-competes aren't binding; I am reasonably certain this one is. This is also an industry where such things are standard.
I'm asking more about the logistics. This is the first time I've (potentially) been in this situation. How do I talk to recruiters/respond to postings? Do I have to wait until the non-compete expires before I can even usefully apply? Until right before it expires? Just start sending out resumes now before I've even quit? Do I mention it right off the bat in the cover letter? When they ask about start date?
I would be particularly interested in hearing from hiring folks in industries where this is a standard thing. For obvious reasons, I don't particularly want to ask my HR department.
This is in the US; jobs would either be in Chicago or New York, most likely. Assume I'm high performing but only moderately experienced, definitely not a rock star.
I'm going to pay a lawyer to look at it and tell me what I can and can't do. I'm not interested in answers about how most non-competes aren't binding; I am reasonably certain this one is. This is also an industry where such things are standard.
I'm asking more about the logistics. This is the first time I've (potentially) been in this situation. How do I talk to recruiters/respond to postings? Do I have to wait until the non-compete expires before I can even usefully apply? Until right before it expires? Just start sending out resumes now before I've even quit? Do I mention it right off the bat in the cover letter? When they ask about start date?
I would be particularly interested in hearing from hiring folks in industries where this is a standard thing. For obvious reasons, I don't particularly want to ask my HR department.
This is in the US; jobs would either be in Chicago or New York, most likely. Assume I'm high performing but only moderately experienced, definitely not a rock star.
I have seen situations where the company you are leaving agrees to shorten or change terms. I think this is all very dependent on where you are, who hires you, their client base, why you want to leave, etc. More information would be helpful. But you aren't looking for that advice...
Unless you have an out don't waste time applying until 1-3 months before your noncompete expires. The recruiter will ask you and if they don't then tell them when you would be available towards the end of your first conversation (assuming it went well). Not a "I can start x" but more of a "as you know... Standard... Expires x". IMO - applicants who dont meet requirements (read: can't work in said job applying to) to start fairly quickly are remembered... Not in a great way.
posted by MyMind at 12:45 AM on January 24, 2015
Unless you have an out don't waste time applying until 1-3 months before your noncompete expires. The recruiter will ask you and if they don't then tell them when you would be available towards the end of your first conversation (assuming it went well). Not a "I can start x" but more of a "as you know... Standard... Expires x". IMO - applicants who dont meet requirements (read: can't work in said job applying to) to start fairly quickly are remembered... Not in a great way.
posted by MyMind at 12:45 AM on January 24, 2015
Really ask this question again after a lawyer has explained it to you. Its essentially impossible to answer this question. I doubt its a true non-compete meaning no one can hire you in the industry, unless they are willing to pay you for that year. Especially as a junior.
If this is standard in the industry the recruiters will ask you an 25 seconds into a conversation.
posted by JPD at 4:11 AM on January 24, 2015
If this is standard in the industry the recruiters will ask you an 25 seconds into a conversation.
posted by JPD at 4:11 AM on January 24, 2015
You for sure need to discuss with a lawyer, but start applying and be up front about the non-compete. Sometimes it's really specific regarding customers. So if you worked with ABC Company in your first job, so long as you're not working with them at your second job, there's no conflict.
posted by Ruthless Bunny at 5:19 AM on January 24, 2015
posted by Ruthless Bunny at 5:19 AM on January 24, 2015
What is your job? I've signed at least a dozen non-competes in my career and the one time an employer tried to make an issue of it when I left the lawyer told me to ignore them as the non-compete was written so broadly that it was unenforceable. You also have to consider how much "damage" your leaving does. If your the top sales rep responsible for 1/2 the company's revenue they might raise a fuss. If you are one of 20 accountants in a large company nobody is going to give a damn. You do have a right to make a living, and as long as your doing so doesn't materially impact your previous employer odds are good you'll be fine. If you are in sales don't call your former clients during the non-compete period. If you are anything else don't poach employees from the previous firm.
The fact that you are asking this here leads me to believe you are at a level where nobody is really going to give a damn.
I would only mention the non-compete if asked directly about it.
Obviously, I am not a lawyer.
posted by COD at 6:48 AM on January 24, 2015
The fact that you are asking this here leads me to believe you are at a level where nobody is really going to give a damn.
I would only mention the non-compete if asked directly about it.
Obviously, I am not a lawyer.
posted by COD at 6:48 AM on January 24, 2015
Mod note: This is a followup from the asker.
"I doubt its a true non-compete meaning no one can hire you in the industry, unless they are willing to pay you for that year."posted by cortex (staff) at 7:06 AM on January 24, 2015
The terms of the non-compete are that my base salary is paid as long as I'm held to it. So yes, it is. My understanding from the rumor mill is that generally people are released prior to the full year.
I'm in fundamentally a tech role, not client facing.
I'm in Illinois now.
I am entirely uninterested in getting out of or around this agreement. I'm looking to hear how I work with the fact that my potential start date is both far-ish out and unknown within a reasonably large range.
I don't why people are saying that non-competes don't work or have no teeth. Companies wouldn't enter them if they didn't, and I have litigated a number of non-compete cases over jobs as non-fancy as pest control technicians i.e. the guy who sprays the house for bugs. So no, you don't need to be a "key player" or "rock star" for the former employer to care enough to file suit.
I am confused when you talk about waiting for the one-year term to expire. It seems like you think the one-year non-compete term is already running. Unless your agreement is very unusual, that isn't how it works. The way it generally works is that your one-year term would not start to run until you terminated your current employment e.g. if you quit today, the non-compete would be in effect until January 23, 2015. That's one of many reasons why you need to talk with a lawyer about the job search logistics. (another reason is that applying to a competitor may or may not be deemed competition under the terms of the agreement)
posted by Tanizaki at 7:22 AM on January 24, 2015 [1 favorite]
I am confused when you talk about waiting for the one-year term to expire. It seems like you think the one-year non-compete term is already running. Unless your agreement is very unusual, that isn't how it works. The way it generally works is that your one-year term would not start to run until you terminated your current employment e.g. if you quit today, the non-compete would be in effect until January 23, 2015. That's one of many reasons why you need to talk with a lawyer about the job search logistics. (another reason is that applying to a competitor may or may not be deemed competition under the terms of the agreement)
posted by Tanizaki at 7:22 AM on January 24, 2015 [1 favorite]
Non competes after there to scare employees into staying put (and not affecting the local market if they leave). They are meaningless because most companies cannot afford the expense of carrying out enforcement of the contract. Case in point, my last job, a recruitment agency, had a high-flying employee who left to set up her own firm in the same sector. She was died for taking contracts with her and contracting them. Several months later, an employee quit to work at this new firm, then went back to the old one. In both cases, the legal "work" amount to only the threat of a lawsuit (a letter), but not any actual legal action.
posted by parmanparman at 7:37 AM on January 24, 2015 [1 favorite]
posted by parmanparman at 7:37 AM on January 24, 2015 [1 favorite]
You network for a year with recruiters (both ones that work directly for companies you're interested in and independent ones) that work in your field and let them know when you'll become available. If your field is so competitive that a year non-compete is standard, there will be at least one recruiter willing to put the legwork into having something ready for you when you're clear to work. But don't bother applying for things open now.
If you're going to be out of work for a year, definitely find ways to keep yourself current, as your losing value by not gaining experience and being in the field.
posted by Candleman at 9:04 AM on January 24, 2015
If you're going to be out of work for a year, definitely find ways to keep yourself current, as your losing value by not gaining experience and being in the field.
posted by Candleman at 9:04 AM on January 24, 2015
If they are willing to pay you for the year than things are different. Network like crazy. Tell them you plan resigning an want to be a good leaver and see what they'll do on the non-compete. Maybe take a nice trip.
I wouldn't even bother with recruiters until you have clarity and are six months from being out from your non-compete.
posted by JPD at 9:48 AM on January 24, 2015
I wouldn't even bother with recruiters until you have clarity and are six months from being out from your non-compete.
posted by JPD at 9:48 AM on January 24, 2015
Agree with Tanizaki on the way a non-compete usually works. This is in distinction with "garden leave."
"Garden leave" typically means "you need to tell me X amount of time in advance you are going to leave. I may ask you to stop coming into the office on the spot, but you cannot start working for another company until this time elapses. You will remain an employee and be paid during this time." In another words, a paid period of time before you can work for another company.
"Non-compete" typically means "after you cease to be an employee, you may not work for a competitor for X period of time." In other words, an unpaid period of time before you can work for another company. Because they are effectively preventing you from making a living, these can be disputed (and of course, depends on the length of time, your state, etc etc)
What I understand from your question is something more like an employment contract, in which you agree to work for your current employer for a specific period of time agreed upon in advance.
posted by karakumy at 9:54 AM on January 24, 2015
"Garden leave" typically means "you need to tell me X amount of time in advance you are going to leave. I may ask you to stop coming into the office on the spot, but you cannot start working for another company until this time elapses. You will remain an employee and be paid during this time." In another words, a paid period of time before you can work for another company.
"Non-compete" typically means "after you cease to be an employee, you may not work for a competitor for X period of time." In other words, an unpaid period of time before you can work for another company. Because they are effectively preventing you from making a living, these can be disputed (and of course, depends on the length of time, your state, etc etc)
What I understand from your question is something more like an employment contract, in which you agree to work for your current employer for a specific period of time agreed upon in advance.
posted by karakumy at 9:54 AM on January 24, 2015
I'm a hiring manager in an industry that uses noncompetes, but your situation has me a little confused. It sounds like, as part of your hiring, you've signed a contract that entitles you to a year of salary when you leave, in exchange for you agreeing not to work for a competitor during that year. Is that right?
If so, that's pretty unusual. Most companies won't commit to significant severance up-front because, well, why would they? It is more normal for severance to be negotiated when you leave, and it is rare in most industries to receive severance if you're leaving voluntarily. (The exception is industries that are dying and unionized, like newspapers, that are trying to shed workers. They will give you a severance package to leave, but they usually don't care much about noncompetes.) Please make sure you fully understand your legal situation before you give notice.
If I'm reading your question right, you want to quit and keep taking your salary for a year (in effect, being paid for a year of doing nothing) and then start a new job. You don't want out of the noncompete, because you want the severance.
In that case, I'd figure out how long it'll take you to get a new job. My guess is that the people who are released early are people who found a new job and ended the noncompete by taking it -- either because they wanted to work and didn't care about the severance, or because they miscalculated how long it would take to get a new job, and got hired before the noncompete expired.
So, if you think it'll take you three months to get a new job, I'd double it for safety reasons and start looking six months out. If you find something early, notify your current employer then. (Be aware: none of this is like, perfect math, and your company probably doesn't care about it quite as much as you think. So if you accept a new job in November and start in December and notify your employer in December and it takes two weeks to cut you off, it's likely nobody will care much, or chase you down for the two weeks or whatever of excess pay.)
Also, be aware that in most instances you wouldn't need "permission" to accept another job: your company doesn't control that part. They only control what they do in response to you accepting a job -- meaning, do they continue to pay you, do they sue you. Odds are they don't sue you, especially if you're not super-senior. The only exception to that would be if your company is very powerful and litigious, in which case recruiters will tell you they can't represent you to potential employers until your noncompete expires. In that case, you will know as soon as you start job-hunting, because recruiters will tell you. If I were you I'd save up money during your severance year, so you've got some pad in the event there's an unavoidable gap between the end of severance and the beginning of a new job.
If during your job hunt you're asked whether you're legally able to work, or how soon you can accept work, I'd answer yes and with whatever date you want. That might result in a nasty surprise with the company withdrawing an offer if/when they find out about the noncompete, but I think that's very unlikely. Probably good to check with your lawyer, because those are questions you're likely to be asked. Don't lie about the noncompete if you're directly asked.
But I'll say again, this sounds wonky to me, and I don't really understand why your employer would be willing to pay you a year's salary in exchange for you not working for a competitor. Yes, talk to a lawyer, and make sure you're correct that it you quit you're entitled to a year's salary if you quit. You may not be.
posted by Susan PG at 9:57 AM on January 24, 2015 [1 favorite]
If so, that's pretty unusual. Most companies won't commit to significant severance up-front because, well, why would they? It is more normal for severance to be negotiated when you leave, and it is rare in most industries to receive severance if you're leaving voluntarily. (The exception is industries that are dying and unionized, like newspapers, that are trying to shed workers. They will give you a severance package to leave, but they usually don't care much about noncompetes.) Please make sure you fully understand your legal situation before you give notice.
If I'm reading your question right, you want to quit and keep taking your salary for a year (in effect, being paid for a year of doing nothing) and then start a new job. You don't want out of the noncompete, because you want the severance.
In that case, I'd figure out how long it'll take you to get a new job. My guess is that the people who are released early are people who found a new job and ended the noncompete by taking it -- either because they wanted to work and didn't care about the severance, or because they miscalculated how long it would take to get a new job, and got hired before the noncompete expired.
So, if you think it'll take you three months to get a new job, I'd double it for safety reasons and start looking six months out. If you find something early, notify your current employer then. (Be aware: none of this is like, perfect math, and your company probably doesn't care about it quite as much as you think. So if you accept a new job in November and start in December and notify your employer in December and it takes two weeks to cut you off, it's likely nobody will care much, or chase you down for the two weeks or whatever of excess pay.)
Also, be aware that in most instances you wouldn't need "permission" to accept another job: your company doesn't control that part. They only control what they do in response to you accepting a job -- meaning, do they continue to pay you, do they sue you. Odds are they don't sue you, especially if you're not super-senior. The only exception to that would be if your company is very powerful and litigious, in which case recruiters will tell you they can't represent you to potential employers until your noncompete expires. In that case, you will know as soon as you start job-hunting, because recruiters will tell you. If I were you I'd save up money during your severance year, so you've got some pad in the event there's an unavoidable gap between the end of severance and the beginning of a new job.
If during your job hunt you're asked whether you're legally able to work, or how soon you can accept work, I'd answer yes and with whatever date you want. That might result in a nasty surprise with the company withdrawing an offer if/when they find out about the noncompete, but I think that's very unlikely. Probably good to check with your lawyer, because those are questions you're likely to be asked. Don't lie about the noncompete if you're directly asked.
But I'll say again, this sounds wonky to me, and I don't really understand why your employer would be willing to pay you a year's salary in exchange for you not working for a competitor. Yes, talk to a lawyer, and make sure you're correct that it you quit you're entitled to a year's salary if you quit. You may not be.
posted by Susan PG at 9:57 AM on January 24, 2015 [1 favorite]
Chances are, if you leave on good terms, give sufficient notice and aren't taking customers or some kind of special knowledge with you, your current employer will release you. There is no company on earth that is going to hire you and then wait for a year for you to be available if they don't.
posted by empath at 11:09 AM on January 24, 2015
posted by empath at 11:09 AM on January 24, 2015
Non-compete doesn't generally mean you can't work at all in tech, it just means you can't go to work for a direct competitor to your current company. If you're in tech, surely you can find a position at a company that is not in direct competition with your current employer? Maybe they serve a different market, maybe they're the same type of service but in a completely different field, etc.
posted by erst at 11:33 AM on January 24, 2015
posted by erst at 11:33 AM on January 24, 2015
You could consider moving, in your tech role, to California, where non-competes really are considered unenforceable.
Also, is the non-compete geographically bound? I'm used to "you can't work in this industry within 50 miles", but "you can't work in this industry for a year" is *insane*.
posted by talldean at 11:52 AM on January 24, 2015 [1 favorite]
Also, is the non-compete geographically bound? I'm used to "you can't work in this industry within 50 miles", but "you can't work in this industry for a year" is *insane*.
posted by talldean at 11:52 AM on January 24, 2015 [1 favorite]
From personal experience, I can back you up on there being industries and companies out there who will absolutely enforce your noncompete against you to the maximum extent possible, and that there are plenty of noncompetes out there that are, literally, "you cannot work in this industry for a year (or two)," and are enforceable unless you move to California. Even for ridiculous things like college-age kids being camp counselors or such. It's why there's a movement in MA to get rid of them, but it failed this most recent-go-round, and IANAL and don't know what case law is in IL. Lawyer the hell up.
posted by Pandora Kouti at 8:06 PM on January 24, 2015
posted by Pandora Kouti at 8:06 PM on January 24, 2015
I work as a massage therapist. It's an industry that frequently includes non-compete clauses in contracts. It's pretty rare though, or non-existent, for it to be a blanket non-compete. As erst wrote, you are not to work for a direct competitor, and in my industry, within a certain mile radius from the previous employer.
If you really do have a non-compete clause that doesn't let you work at all for a year: this won't help you now but in the future, it might be worth negotiating your way into a more limited non-compete. I did that the job before last. It was initially too broad, and I had them reduce the "within N miles" clause and also specify that I could work in a doctor's office since medical massage doesn't really compete with salon massage.
And the last job, I never signed that part of the contract at all, because it was obviously written by a vicious creep of a lawyer who was going for his honorary horns with the language (for one thing, I would have been in *immediate* violation of it if I'd signed it, because I already worked at another place, which I'd been open about). I told the person who collected my other signed paperwork that I wouldn't be turning part of it in, and she said I would have to discuss it with the owner. I never did, and no one ever followed up.
I've worked in tech too, btw, as a web developer, and had similar experiences there, where people just would not follow up at all on paperwork. For example, I crossed out and initialed a section in one contract that would have allowed them to drug test me whenever they felt like it. And I left an entire page out of a contract once, because I didn't like that page. I have the impression that paperwork at a lot of places is pro forma and no one goes over it with a fine tooth comb to make sure you signed everything as is.
posted by mysterious_stranger at 8:13 PM on January 24, 2015
If you really do have a non-compete clause that doesn't let you work at all for a year: this won't help you now but in the future, it might be worth negotiating your way into a more limited non-compete. I did that the job before last. It was initially too broad, and I had them reduce the "within N miles" clause and also specify that I could work in a doctor's office since medical massage doesn't really compete with salon massage.
And the last job, I never signed that part of the contract at all, because it was obviously written by a vicious creep of a lawyer who was going for his honorary horns with the language (for one thing, I would have been in *immediate* violation of it if I'd signed it, because I already worked at another place, which I'd been open about). I told the person who collected my other signed paperwork that I wouldn't be turning part of it in, and she said I would have to discuss it with the owner. I never did, and no one ever followed up.
I've worked in tech too, btw, as a web developer, and had similar experiences there, where people just would not follow up at all on paperwork. For example, I crossed out and initialed a section in one contract that would have allowed them to drug test me whenever they felt like it. And I left an entire page out of a contract once, because I didn't like that page. I have the impression that paperwork at a lot of places is pro forma and no one goes over it with a fine tooth comb to make sure you signed everything as is.
posted by mysterious_stranger at 8:13 PM on January 24, 2015
In my industry (quant finance) non-completes are very standard and take the form of something very similar to what you're describing -- after you quit, you are no longer technically working for the company but the company pays your salary (or other agreed-upon compensation) and you can't start working elsewhere for a year.
This typically gets handled in a couple of ways. First of all, the contracts typically have flexibility written in that allow the company to shorten your non-compete period (so they don't have to pay your salary) and unless you are genuinely a competitive threat, many will agree to that. If your firm was the one who initiated your termination, it seems relatively likely they don't think you're vital enough to pay you for a year to do nothing. If you had a decent relationship w/ your supervisor or someone more important up the command chain, you may want to reach out and see if you can negotiate this point.
Second of all, non-competes apply to somewhat specific roles, not just from a legal point but from the perspective of your company wanting to pay you a year's salary. IE, even if they tell you 'we wish to enforce,' you can try to get an offer from a different firm that you believe your old company won't object to you working at and then go back and basically say 'look, I'd like to work at X doing Y; it's clearly not seriously competing with you so while you may have the legal right, so do you *really* wish to keep on spending money to prevent me from working?' Again, especially w/ an involuntary termination, it seems unlikely they'll be motivated to keep on paying you ...
Barring the first two points (and willingness to legally wrangle / move to CA), you will need to wait for a year before starting. For the job search process, I've found (from the hiring side) it much better if it comes out relatively early in the process, as otherwise there's the chance of wasting everyone's time. I've seen candidates both start applying right after they left the previous job (with an expected start date a year from now, though every candidate tends to believe they can convince the employer to shorten) and waiting for half a year or so and applying closer to the end. I typically haven't seen non-competes mentioned in the cover letters though I always ask on the first phone screen if I have a reason to believe that one applies -- finding out about an unexpected non-compete late in the process wouldn't be looked at very favorably.
I suggest that unless you actually want a year-long vacation that you start looking early, perhaps at companies with a slightly different emphasis with a hope to resolve the non-compete issue amicably with your past employer, or defer the start-date if that turns out to not be possible. If the early job search doesn't look good, you can take a break for while and resume near the end of your non-compete period. If you do so, put the non-compete on your resume, so that the year-long gap in employment is explained. Be up-front w/ your recruiters (I think? just a guess, not based on experience) and be honest and non-evasive with your interviewers though I don't think you need to put it on your initial written communication. It would be best if the fact came out relatively early but after someone already talked to you and you had a chance to make a positive impression.
Obviously, if applying for jobs a year out, target companies and job descriptions where this is possible. I'm guessing this tends to be larger companies and ones who make general hires, not one for a very specific role. If there's a small team that really needs an X *yesterday* then the year-out will be a show-stopper and if you want those kinds of jobs, you should wait until near the end. OTOH, (in my industry), a larger company that just needs to hire generally good people will likely not have a big problem waiting.
posted by bsdfish at 12:05 PM on January 25, 2015 [1 favorite]
This typically gets handled in a couple of ways. First of all, the contracts typically have flexibility written in that allow the company to shorten your non-compete period (so they don't have to pay your salary) and unless you are genuinely a competitive threat, many will agree to that. If your firm was the one who initiated your termination, it seems relatively likely they don't think you're vital enough to pay you for a year to do nothing. If you had a decent relationship w/ your supervisor or someone more important up the command chain, you may want to reach out and see if you can negotiate this point.
Second of all, non-competes apply to somewhat specific roles, not just from a legal point but from the perspective of your company wanting to pay you a year's salary. IE, even if they tell you 'we wish to enforce,' you can try to get an offer from a different firm that you believe your old company won't object to you working at and then go back and basically say 'look, I'd like to work at X doing Y; it's clearly not seriously competing with you so while you may have the legal right, so do you *really* wish to keep on spending money to prevent me from working?' Again, especially w/ an involuntary termination, it seems unlikely they'll be motivated to keep on paying you ...
Barring the first two points (and willingness to legally wrangle / move to CA), you will need to wait for a year before starting. For the job search process, I've found (from the hiring side) it much better if it comes out relatively early in the process, as otherwise there's the chance of wasting everyone's time. I've seen candidates both start applying right after they left the previous job (with an expected start date a year from now, though every candidate tends to believe they can convince the employer to shorten) and waiting for half a year or so and applying closer to the end. I typically haven't seen non-competes mentioned in the cover letters though I always ask on the first phone screen if I have a reason to believe that one applies -- finding out about an unexpected non-compete late in the process wouldn't be looked at very favorably.
I suggest that unless you actually want a year-long vacation that you start looking early, perhaps at companies with a slightly different emphasis with a hope to resolve the non-compete issue amicably with your past employer, or defer the start-date if that turns out to not be possible. If the early job search doesn't look good, you can take a break for while and resume near the end of your non-compete period. If you do so, put the non-compete on your resume, so that the year-long gap in employment is explained. Be up-front w/ your recruiters (I think? just a guess, not based on experience) and be honest and non-evasive with your interviewers though I don't think you need to put it on your initial written communication. It would be best if the fact came out relatively early but after someone already talked to you and you had a chance to make a positive impression.
Obviously, if applying for jobs a year out, target companies and job descriptions where this is possible. I'm guessing this tends to be larger companies and ones who make general hires, not one for a very specific role. If there's a small team that really needs an X *yesterday* then the year-out will be a show-stopper and if you want those kinds of jobs, you should wait until near the end. OTOH, (in my industry), a larger company that just needs to hire generally good people will likely not have a big problem waiting.
posted by bsdfish at 12:05 PM on January 25, 2015 [1 favorite]
Err, I misunderstood your question and thought that you were terminated at your firm's discression, not that the non-compete could be. But the rest still applies, w/ the caveat that they may be a bit less cooperative.
If you have some unique knowledge or responsibilities, one offer you can make is that you'd like to resign but are willing to stick around for a month or two in order to fully transition all your responsibilities in exchange for a non-compete reduction. Basically, offer to make their life easier in exchange for them making yours easier. Don't threaten to behave unprofessionally (not doing your 2 weeks) if they refuse but see if there's a win-win possible. Remember that they probably don't want to keep paying your salary either unless they believe it really matters and if there's something you can do beyond your legal obligations and professional courtesy to assist them, they may respond in kind. Of course, you may *actually* want the non-compete to be enforced for a while (it's better to be paid while looking for a job) so be careful what you wish for.
BTW, I've definitely interviewed lots of people who were currently employed and still haven't left their jobs but had non-competes. That's also common; they would explain their situation and it wasn't a problem.
posted by bsdfish at 12:44 PM on January 25, 2015 [1 favorite]
If you have some unique knowledge or responsibilities, one offer you can make is that you'd like to resign but are willing to stick around for a month or two in order to fully transition all your responsibilities in exchange for a non-compete reduction. Basically, offer to make their life easier in exchange for them making yours easier. Don't threaten to behave unprofessionally (not doing your 2 weeks) if they refuse but see if there's a win-win possible. Remember that they probably don't want to keep paying your salary either unless they believe it really matters and if there's something you can do beyond your legal obligations and professional courtesy to assist them, they may respond in kind. Of course, you may *actually* want the non-compete to be enforced for a while (it's better to be paid while looking for a job) so be careful what you wish for.
BTW, I've definitely interviewed lots of people who were currently employed and still haven't left their jobs but had non-competes. That's also common; they would explain their situation and it wasn't a problem.
posted by bsdfish at 12:44 PM on January 25, 2015 [1 favorite]
Although it doesn't sound germane here but a friend (also in Finance) was a partner at his firm in NY and moved to CA for non-work reasons and was unable to work for two years because his non-compete was enforceable in CA. If you are an equity holder non competes hold.
posted by JPD at 3:29 PM on January 25, 2015
posted by JPD at 3:29 PM on January 25, 2015
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posted by potsmokinghippieoverlord at 12:10 AM on January 24, 2015