10 year non compete

<p>I've been offered a really awsome job oppertunity.. However, they require a 10 year non compete agreement.. I've made a living as a photographer for the last 9 years, and can't bring myself to sign the agreement. Not because I plan on leaving their company at all, but because it states that no matter what the circumstances are, if i'm fired or quit, i'm not allowed to practice.. I'm a very loyal person, that doesn't mean they are.... I don't want for them to one day, decide they can't afford me or maybe some other circumstance to affect me being able to persue my love for photography. my question is, isn't 10 years a bit extensive? Aren't most Non Compete's more like 2-5 years? What should I do?</p>

<p>I would not sign it. There are too many negative possibilities for you....</p>

<p>First of all, non-competes are not enforceable in every state.<br>

<br /> Second, even when they are, there may be an issue of "reasonable" applicability. When this is an issue, it's more like a year or two.<br>

<br /> Third, it sounds like you should see a lawyer and find out more about the deal. If they are trying to get you to sign a non-compete for ten years, what else are they asking you for?</p>

<p>I thought slavery is illegal.<br /> The clause is too restrictive, too long and too one sided.<br /> If you really want the opportunity, you can negotiate the terms but don't show how much you want the job.</p>

<p>I beleive that they have sense your high desire for this job and is hardballing you in this "negotiation".</p>

<p>

"You have the right not to sign anything.

Whatever you sign could be and will be uses against you.

You have the right to an attorney. etc etc."

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</p>

<p>the non compete is it.. The opertunity is to eventually take over their business.. They are close to retiring, and have a very saut after photography company. They maintain all the big contracts in town, and have a great reputation. They want to teach me everything they do.. they supply all equiptment, and will help me to build my name... like i said there are lots of pros to this offer, Now I'll have to look up our state laws and see if its enforceable..</p>

<p>If you think it's unenforceable (it probably is, but what do I know) then I would take it up with the company before signing. I think it's always suspect to enter into a contract if you have it in mind not to comply with all of its terms.</p>

<p>I suppose, putting it another way, if you signed it without thinking (a bad idea, but let's just say) then it might be impossible to enforce. But now that you've looked into it, and in the belief that the clause won't stand up, wouldn't it be more ethical NOT to sign than to pick the parts you like and hope the rest won't count if it comes to being tested?</p>

<p>Also, remember that this thread is indexed by Google and has your name on it - and is probably submissible in evidence as to your intentions, in 5 years time!</p>

<p> </p>

<p>i have no intentions of anything.. I'm simply asking for opinions...</p>

 

<p>The non-competes I had to sign were always 1 year or less, and very specific geographic area.<br>

As others have suggested, 10 years is most likely unenforcable in any state of the US.<br>

I would be cautious about them telling me they are planning to leave the company to me, unless they put it in writing. If you are interested, why don't you sign the non-compete with the written understanding that the company will be yours in the future...</p>

<p>10 years sounds pretty high, 2-3 at most. If you've made a living at it for the past 9 years, I don't know that they'd have to train you much. Probably the marketing would be the biggest boost since you said they are well established. If they are planning to retire soon, why would they worry about competition 10 years down the road?</p>

<p>I'm not American and have no idea what the attitude of courts in your part of the world might be to this type of agreement, but ten years seems to me to be so obviously unreasonable that in the UK at least I would have no problem signing it, in the belief that the courts would quite simply throw it out. In fact I might (after taking advice) be inclined to smile and sign it rather than risk P-----g them off by trying to renegotiate- which may persuade your potential employers that you are out to steal their business in the longer term. <br>

The other thing about non-competes is that competition has to be defined fairly. For example certainly here in the UK a court is more likely to at least partly enforce a non-competition agreement if "competition" is restricted to actual clients that you yourself dealt with in the course of your duties, rather than attempting to carry out any photographic job or business within x miles of their office.</p>

<p>I don't want in any way to trivialise your issue, and you should certainly seek advice, but the more onerous and stupid the agreement they propose, the easier it is to agree with it. </p>

<p>Amber,<br>

You need to speak with an attorney. If you are already an employee, they can't force you to sign anything by using your continued employment as leverage.<br>

Non-compete agreements are about scope. How long a term and how large a geographical are reasonable? What would the impact of you opening a business 50 miles away be?<br>

Whether it's legal or not, like many other civil suits, it will probably come down to who has the deeper pockets. If you sign it and you/they terminate your employment, they will want to take legal action against you and you will have to defend yourself or stop what you're doing.<br>

Personally, I wouldn't sign this. I had to endure a non-compete and it's not a position you want to be in. You can't assume what the circumstances may be if you should choose to compete some day....-Aimee</p>

<p>Well, my wife the consultant always takes the clients contract as a starting point for negotiations. She and her attorney will often rewrite, rephrase, and delete clauses that they don't care for. Then they send the revised contract back to the client. Eventually the exchange damps out to a mutually acceptable compromise.</p>

<p>thankyou all for your input.. Its still a hard decision but i guess worst case scenario, i'd have to move. :x</p>

<p>;)</p><div></div>

<p>Amber:</p>

<p>I think you'd be better served asking a bunch of lawyers for photographic advice. :)</p>

<p>Depending on your state, Aimee's assertion is wrong. Continued employment can be enough consideration for a non-compete clause to hold up.</p>

<p>I believe you should not sign any contract in the belief that you can later renege. You may find out differently.</p>

<p>I'd hire an attorney. Sounds like a contract needs to be drawn up that is equitable for both sides. They need protection from teaching you everything about their business only to have you try to compete against them. You need protection from being unable to pursue a livlihood.</p>

<p>If you sign, what guarantee do you have that you will own the business in x years?</p>

<p>Eric</p>

<p>I'm bringing experience and style to the table as well, not to mention, connections, and great locations... I don't want that to be used against me. We have a meeting monday, so hopefully we can work this out to where its good for both parties.. IN WRITING.... settled!</p>

<p>Asking photographers for legal advice is like asking mechanic for medical advice.<br>

In the U.S. this really depends in what state you live in. For example California is a "right to work state" so that document would be tossed. Before entering any contract have lawyer look it over. I would also check the fine print. They may want ship you off to a gulag if violate the contract.</p>

<p>lol.... no i don't think so.. It actually doesn't state how far I'd have to go, but the owner told me 100 miles... I was hoping to find someone that has been through this, and may know more about it.. again I <strong><a href="http://rds.yahoo.com/_ylt=A0geu.JKFTtKzv0Af0dXNyoA/SIG=15j5s9has/EXP=1245472458/**http%3a//search.yahoo.com/search%3fei=UTF-8%26fr=moz2-ytff-%26p=appreciate%26SpellState=n-2994330581_q-RQUFkLVeezZrYDqsYITS3gAAAA%2540%2540%26fr2=sp-qrw-corr-top"><strong><em>appreciate</em> </strong> </a> </strong> all the feedback..</p>

<p>I don't know where you are, but in New York, Non-Complete Clauses are not enforceable in court. A company cannot deny you a living just because they fear competition. Check with an attorney, but I doubt it will be enforceable. But don't take anyone's word here for it. Check with an attorney.</p>

<p>even if you sit down with them monday to work things out, as you say, still consult an attorney. they've drawn up some sort of agreement they want you to sign. you can be sure they've already consulted their attorney. the only legal advice i will ever give anyone is this: you are responsible for protecting your own interests... so be sure you do so!</p>

<p>Amber: What specifically is the job, and and to what extent is the non-compete clause that it would prohibit you from doing any photography? That's a bit extreme. I'm with the crowd that 10 years under any circumstances is WAY TOO LONG. Opportunity is defined as something good. Getting locked into a really bad non-compete clause would not fit my definition of opportunity.</p>

<p>IMHO.</p>

 

<p><em><br /></em></p>

<p><em>in New York, Non-Compete Clauses are not enforceable in court.</em></p>

<p>I checked a dozen current New York attorney websites which consistently indicate that con-compete clauses or contracts are, in fact, enforceable in New York. While the criteria for enforceability was fairly strict, only certain broadcast employees were protected in the way you describe. Based on that, I did a cursory search of the New York statutes, namely the labor statutes and found nothing that contradicted those current sites. A quick search of the remaining statutes did not reveal such absolute protections extending to anyone else nor did a google search in general for New York. </p>

<p>Your post is clear that New York bans non-compete clauses outright despite attorneys there stating the opposite. Perhaps you have sources that my quick search didn't reveal. For the benefit of people in New York that may read your post, could you post a reliable source that verifies your statement that New York outright bans non-compete clauses altogether?</p>

<p>I would not do it Amber. I am in the middle of a battle with the photo studio that I used to work for. I thought that I could trust them and I was wrong. I quit after being treated like an indentured servant and now am in a battle to be able to shoot without having to be concerned with the @55hole GM trying to sue me. </p>