4 ms·

Sign the strictest non compete you can - if it's too strict in most states, even the less strict clauses are voided immediately. Research first but that's usual

Sign the strictest non compete you can - if it's too strict in most states, even the less strict clauses are voided immediately. Research first but that's usually true.

JoshTriplett 12y ago
Unlikely to be true; non-competes, like most other contracts, include clauses that explicitly allow portions to be invalidated without invalidating the whole. In any case, if you're in a position to have to worry about that, you're likely already in court. Consult a lawyer, and don't sign anything you're not prepared to abide by.
- danielweber 12y ago
  I had one non-compete that said I couldn't work for a competitor 1) within 50 miles, 2) within 100 miles, 3) within the US, 4) within North America, 5) on the Earth, 6) anywhere in the universe. And then was relying on the severability clause to make it just as enforceable as it could be made.
  - ihnorton 12y ago
    > 6) anywhere in the universe. Unless they were covertly testing your attention to detail and reading comprehension, this last one seems like a prank by a bored intern or paralegal :) Did you have a chance to discuss this, and if so, what did they say?
stephencanon 12y ago
The legal principle you're groping for is unconscionability (http://en.m.wikipedia.org/wiki/Unconscionability http://en.m.wikipedia.org/wiki/Unconscionability), and it can indeed provide protection from onerous contract clauses. However, it's my understanding from various lawyer friends that the very act of knowing that a clause could be discarded as unconscionable may actually remove that as a defense. I would want to discuss the matter with a lawyer with lots of contract experience in my state before taking the route you suggest.
- tomasien 12y ago
  You should always consult a lawyer and research rulings in your state - but in Virginia and many other states, the benefit of the doubt goes to a crazy degree to the person signing the non-competes, because non-competes are seen as (obviously) anti-competitive.

Sign the strictest non compete you can - if it's too strict in most states, even the less strict clauses are voided immediately. Research first but that's usually true.

JoshTriplett 12y ago

Unlikely to be true; non-competes, like most other contracts, include clauses that explicitly allow portions to be invalidated without invalidating the whole. In any case, if you're in a position to have to worry about that, you're likely already in court. Consult a lawyer, and don't sign anything you're not prepared to abide by.

danielweber 12y ago
I had one non-compete that said I couldn't work for a competitor 1) within 50 miles, 2) within 100 miles, 3) within the US, 4) within North America, 5) on the Earth, 6) anywhere in the universe. And then was relying on the severability clause to make it just as enforceable as it could be made.
- ihnorton 12y ago
  > 6) anywhere in the universe. Unless they were covertly testing your attention to detail and reading comprehension, this last one seems like a prank by a bored intern or paralegal :) Did you have a chance to discuss this, and if so, what did they say?

stephencanon 12y ago

The legal principle you're groping for is unconscionability (http://en.m.wikipedia.org/wiki/Unconscionability http://en.m.wikipedia.org/wiki/Unconscionability), and it can indeed provide protection from onerous contract clauses. However, it's my understanding from various lawyer friends that the very act of knowing that a clause could be discarded as unconscionable may actually remove that as a defense. I would want to discuss the matter with a lawyer with lots of contract experience in my state before taking the route you suggest.

tomasien 12y ago
You should always consult a lawyer and research rulings in your state - but in Virginia and many other states, the benefit of the doubt goes to a crazy degree to the person signing the non-competes, because non-competes are seen as (obviously) anti-competitive.