Not sure about the legal situation in the US, but in Canada most lawyers will tell ya non-compete agreements are just expensive pieces of paper...easily fought if need be....just too many ways of reading them...too many gray areas
Cheers Bryan Stevenson B.Comm. VP & Director of E-Commerce Development Electric Edge Systems Group Inc. t. 250.920.8830 e. [EMAIL PROTECTED] --------------------------------------------------------- Macromedia Associate Partner www.macromedia.com --------------------------------------------------------- Vancouver Island ColdFusion Users Group Founder & Director www.cfug-vancouverisland.com ----- Original Message ----- From: "Barney Boisvert" <[EMAIL PROTECTED]> To: "CF-Talk" <[EMAIL PROTECTED]> Sent: Tuesday, July 15, 2003 11:21 AM Subject: legal issues > My company recently spawned off from a parent company, and we're drafting a > non-compete agreement and looking for some insight as to wording. We found > a couple generic agreements, and they used such remarkably vague terms as > "... the Employee shall not own, manage, operate, consult to or be employed > in a business substantially similar to the present or future business of the > Company ..." > > I don't have a particular problem with signing an appropriate non-compete, > and my employer wants to ensure the agreement is suitable for all concerned, > which is very nice, so there is some flexability. > > The company develops a web-based communications management tool that is > licensed and hosted ASP-style (Application Service Provider, not Active > Server Pages ;). As well as doing all development, we do all the sales and > support services. My concern is that any web app could be construed as a > web-based communications management tool, especially anything that's not a > basic web site (an email newsletter with web-based authoring, for example), > so the definition of "competition" needs a fairly high degree of precision. > > I'm sure there are people out there who've fought this battle before, and I > was wondering if any of you had some insight, or even some sample language. > > thanks, > barneyb > > --- > Barney Boisvert, Senior Development Engineer > AudienceCentral > [EMAIL PROTECTED] > voice : 360.756.8080 x12 > fax : 360.647.5351 > > www.audiencecentral.com > > --- > Outgoing mail is certified Virus Free. > Checked by AVG anti-virus system (http://www.grisoft.com). > Version: 6.0.500 / Virus Database: 298 - Release Date: 7/10/2003 > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Archives: http://www.houseoffusion.com/cf_lists/index.cfm?forumid=4 Subscription: http://www.houseoffusion.com/cf_lists/index.cfm?method=subscribe&forumid=4 FAQ: http://www.thenetprofits.co.uk/coldfusion/faq This list and all House of Fusion resources hosted by CFHosting.com. The place for dependable ColdFusion Hosting. http://www.cfhosting.com Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.4
