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From: bob@sdcsvax.UUCP
Newsgroups: net.legal,net.jobs
Subject: Re: Employment Contract
Message-ID: <862@sdcsvax.UUCP>
Date: Sun, 3-Jun-84 13:07:42 EDT
Article-I.D.: sdcsvax.862
Posted: Sun Jun  3 13:07:42 1984
Date-Received: Wed, 6-Jun-84 04:20:26 EDT
References: <334@ut-sally.UUCP>
Organization: EECS Dept. U.C. San Diego
Lines: 25

I'm not a lawyer but...

You implied that you've been asked to sign the noncompetition agreement
for a job YOU'RE ALREADY HOLDING.  If so, or if you agreed to take the
position before they told you about this agreement, I think you've got
a great negotiating position.

You can't sign away something of value without a "consideration" (value
in return).  For example, if they run your photo in the company
newspaper, they need a release (and have to pay you >= $1).  Agreeing
to not fire you on the spot isn't a consideration.  The cost of the
agreement to you is something like one year's wages when you leave
(unless you change your line of business).  So, demand that they
include in your agreement that you are entitled to one year's salary
(at your highest pay rate) upon termination of employment FOR WHATEVER
REASON.  You can also negotiate on benefits during the following year,
if you like.

Most probably, the company isn't willing to pay that price, and will
not bring up the contract again.  Just the same, you should find a new
job ASAP (they'll probably fire you for a random reason, which is
probably illegal).  If the company does agree, get yourself a copy of
the contract, signed by an officer, and quit immediately.

Let the net know what happens!