the other thing to remember about contracts is that more often than not you'll be handed a contract, the contents of which nobody has truly read thoroughly, and a lot of these clauses are put in with a "it's worth a try" mentality. If you question them they'll usually be fine in dropping them (on the more insanely restrictive elements at any rate - might not be the same situation if you decide the clause specifying your salary needs to be rewritten...)
Toby Tuesday, March 4, 2003, 4:03:42 PM, you wrote: stc> Scott - You need to be explicit inthe contracts... stc> IE in realestate it tends to be you will not opperate as an agent within stc> these suburbs for this period. stc> On the otherhand you an't tell a carpenter that he can't work with wood for stc> x months stc> In IT it tends to typically be along the lines of 'You will not start a stc> technical support service in direct competition with the technical support stc> service you work for' or 'you will not start an ISP after quitting an ISP' stc> Typically as a Coder? It won't have a great deal of bearing on you. You stc> might find issues with an appropriately worded contract if you went to work stc> for tourism victoria. But its normally only cases of senior roles with stc> direct competition being applicable. stc> General purpose tech monkeys can skip around without serious issues, and stc> generic contracts tend to be too broad to be enforceable. I don't actually stc> know anybody thats had an issue with it in general. I know of one guy who stc> left the company I work for, lifted our business model in entirety, and stc> setup across the road (Well around the corner) undercutting our prices stc> slightly. stc> While I've never tried to dispute it, my legal advice in the apst has been stc> that it is possible, but only with senior roles and in limited conditions. stc> "Scott Barnes" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] >> >> Can you lock someone into a contract stating they cannot work for a >> competitor for X months? I thought you can't do this. I had a situation stc> with >> a company i worked for, who basically put in the contract the very same >> thing you described "Cannot divulge company secrets, cannot work for my >> competitor etc" >> >> Took it to my lawyer, and he basically laughed and stated its Restraint of >> your trade, and they can't restrict or dictate as to who you work for stc> after >> leaving a position. You quit/fired from a position, its basically go out stc> and >> start again scenario and no one can dictate as what rules / conditions. >> >> If thats the case, then we better have a backup trade for X months, while stc> we >> wait for the timeout as we can't do any web development as that would be stc> in >> direct competition to your employer? >> >> In this case, frankly the problem lied with someone knowing way to much >> information about a companies infrastructure. I've heard stories of where stc> in >> a "professional" environment, the IT guys knew a person was fired before >> they did, in that they'd come in that morning to find that they can't stc> login >> and with a yellow post-it note saying "See HR".. >> >> Walk in, and its bam, right between the eyes. They do this for this very >> reason in that, it doesn't give a person enough time / control to damage >> company assets / information. Same goes with IT people, most companies stc> will >> escort you from the building within 20mins of being "fired" or after you >> resign. >> >> You need to have a monitoring situation on your sysadmins and have someone >> check their work etc, play big brother if you have such sensitive >> information. Also backups anyone? >> >> >> >> stc> --- stc> You are currently subscribed to cfaussie as: [EMAIL PROTECTED] stc> To unsubscribe send a blank email to [EMAIL PROTECTED] stc> MX Downunder AsiaPac DevCon - http://mxdu.com/ --------------------------------------- Life is poetry - write it in your own words. --------------------------------------- Toby Tremayne Technical Team Lead Code Poet and Zen Master of the Heavy Sleep Toll Solutions 154 Moray St Sth Melbourne VIC 3205 +61 3 9697 2317 0416 048 090 ICQ: 13107913 --- You are currently subscribed to cfaussie as: [EMAIL PROTECTED] To unsubscribe send a blank email to [EMAIL PROTECTED] MX Downunder AsiaPac DevCon - http://mxdu.com/
