4 ms·

In France a non-compete clause must be attached to financial compensation or it is considered void.

by 0xAFFFF 4y ago

1vuio0pswjnm7 4y ago
Imagine that the employer does not have a non-compete in place with her current employees. In the US, she may offer a single, token amount in exchange for signing an agreement containing a non-compete clause. This could, for example, be described by the employer as a "bonus". It does not have to be reasonably-based on the amounts the employee might gain from working for a competitor. It could be much lower. The employer could make signing the agreement a prerequisite to continued employment. Arguably the purpose of such a "bonus" is primarily to protect the employer against challenges to the enforceability of the agreement, not as an incentive or reward to current employees.
- yardie 4y ago
  You can always turn it down. Contracts have whats called consideration. I've seen companies try to get away with NCA/NDA by tying severance to signing one. I would have to be truly desperate to take the money over the health of my career, yet that is exactly what a lot of companies rely on.
  - 1vuio0pswjnm7 4y ago
    In the US, I have never seen a severence agreement that did not include confidentiality provisions. However (IMO) the inclusion of non-compete provisions has become more common across all levels of employment and all job categories. The vast majority of US workers will sign these agreements. That cultural trend makes it (a) easier for employers' legal counsel to manage any issues raised by the minority and (b) more difficult, if not impossible, for the minority to negotiate.
    - wpietri 4y ago
      Yeah, having been in that situation, my thought is that negotiation is worth a go, but the real response is having a good BATNA. Yet another reason to have savings at the 6-months-of-expenses level.

4 ms·

In France a non-compete clause must be attached to financial compensation or it is considered void.

by 0xAFFFF 4y ago

In France a non-compete clause must be attached to financial compensation or it is considered void.

1vuio0pswjnm7 4y ago
Imagine that the employer does not have a non-compete in place with her current employees. In the US, she may offer a single, token amount in exchange for signing an agreement containing a non-compete clause. This could, for example, be described by the employer as a "bonus". It does not have to be reasonably-based on the amounts the employee might gain from working for a competitor. It could be much lower. The employer could make signing the agreement a prerequisite to continued employment. Arguably the purpose of such a "bonus" is primarily to protect the employer against challenges to the enforceability of the agreement, not as an incentive or reward to current employees.
- yardie 4y ago
  You can always turn it down. Contracts have whats called consideration. I've seen companies try to get away with NCA/NDA by tying severance to signing one. I would have to be truly desperate to take the money over the health of my career, yet that is exactly what a lot of companies rely on.
  - 1vuio0pswjnm7 4y ago
    In the US, I have never seen a severence agreement that did not include confidentiality provisions. However (IMO) the inclusion of non-compete provisions has become more common across all levels of employment and all job categories. The vast majority of US workers will sign these agreements. That cultural trend makes it (a) easier for employers' legal counsel to manage any issues raised by the minority and (b) more difficult, if not impossible, for the minority to negotiate.
    - wpietri 4y ago
      Yeah, having been in that situation, my thought is that negotiation is worth a go, but the real response is having a good BATNA. Yet another reason to have savings at the 6-months-of-expenses level.