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Redlining the non-compete section is not a minor modification. Some companies are very serious about their non-competes. They will pay you millions of dollars t

Redlining the non-compete section is not a minor modification. Some companies are very serious about their non-competes. They will pay you millions of dollars to respect them (and sue you for millions of dollars if you don't). If you try and cross out your non compete agreement they will just withdraw your job offer. Non competes aren't intrinsically shady or evil. Some companies have business models that depend very heavily on secret IP. It's just another adverse factor you have to add into the mix when evaluating a job, along with compensation, work-life balance, advancement opportunities, etc. Many non-competes are very well compensated, and limited in scope to a particular niche industry, so you could still go off and work anywhere else in tech industry where your IP cannot be used against your old employer. Signing one isn't the worst thing in the world.

etjossem 9y ago
This advice is not meant for people who are being paid millions of dollars to respect a non-compete they fully understand and consent to.
- esoterica 9y ago
  Change the numbers by a factor of 10 and the point still applies.
  - etjossem 9y ago
    I agree. This is aimed at people who: - Are fairly new to the industry or are otherwise trying to act in a buyer's market for labor, - Are being offered market-rate or lower with no extra incentives, and - Have a potential employer trying to foist a noncompete on them for no particular business reason. Understand the employer's business model and whether noncompete will be a sticking point for them. If it is, then the situation is very different, and you should be asking for lots of money rather than the clause's removal.
anarazel 9y ago
> Non competes aren't intrinsically shady or evil. If they're not paying you while you're not allowed to work in your field, yes, they are. And unfortunately that's a lot of them. If you're being paid to sit in your backyard or do something in a another field, that's a different story.
ScottBurson 9y ago
First off, noncompete agreements and nondisclosure agreements are separate things. I don't see anyone here arguing that an employer's proprietary IP does not deserve protection. Secondly, while there do exist well-compensated noncompetes for executives and other high-value employees -- and I don't think anyone here is arguing against those either -- the vast majority are not compensated at all, except that the employee gets the job in the first place.
- esoterica 9y ago
  Since you can't lobotomize someone when they quit, it's impossible to prevent someone from using proprietary knowledge and insights at their new job, even with a nondisclosure agreement in place. IP transfer doesn't always happen in a way that's overt and easily prosecutable, like stealing confidential blueprints or explicitly telling your new employer trade secrets.
  - ScottBurson 9y ago
    Well, I think that in most cases, a fair amount of that knowledge qualifies as general knowledge about the problem space, notwithstanding that employers would like to paint it all as proprietary. Still, there is a little truth in what you say. But we in California think that that is a price very much worth paying in exchange for the more vibrant economy afforded by outlawing noncompetes.

etjossem 9y ago

This advice is not meant for people who are being paid millions of dollars to respect a non-compete they fully understand and consent to.

esoterica 9y ago
Change the numbers by a factor of 10 and the point still applies.
- etjossem 9y ago
  I agree. This is aimed at people who: - Are fairly new to the industry or are otherwise trying to act in a buyer's market for labor, - Are being offered market-rate or lower with no extra incentives, and - Have a potential employer trying to foist a noncompete on them for no particular business reason. Understand the employer's business model and whether noncompete will be a sticking point for them. If it is, then the situation is very different, and you should be asking for lots of money rather than the clause's removal.

anarazel 9y ago

> Non competes aren't intrinsically shady or evil. If they're not paying you while you're not allowed to work in your field, yes, they are. And unfortunately that's a lot of them. If you're being paid to sit in your backyard or do something in a another field, that's a different story.

ScottBurson 9y ago

First off, noncompete agreements and nondisclosure agreements are separate things. I don't see anyone here arguing that an employer's proprietary IP does not deserve protection. Secondly, while there do exist well-compensated noncompetes for executives and other high-value employees -- and I don't think anyone here is arguing against those either -- the vast majority are not compensated at all, except that the employee gets the job in the first place.

esoterica 9y ago
Since you can't lobotomize someone when they quit, it's impossible to prevent someone from using proprietary knowledge and insights at their new job, even with a nondisclosure agreement in place. IP transfer doesn't always happen in a way that's overt and easily prosecutable, like stealing confidential blueprints or explicitly telling your new employer trade secrets.
- ScottBurson 9y ago
  Well, I think that in most cases, a fair amount of that knowledge qualifies as general knowledge about the problem space, notwithstanding that employers would like to paint it all as proprietary. Still, there is a little truth in what you say. But we in California think that that is a price very much worth paying in exchange for the more vibrant economy afforded by outlawing noncompetes.