All, My company is working on introducing some non-compete documents. I'm going through them to recommend some modifications. In the documents they state a non-compete period of 2 years following employee termination date.
*My question to you all is what is common nowadays for a non-compete time frame?* I've heard that 6 months is typical with 1 year being about as long as will hold up in Utah courts. Another section states that "In competition with the Company". Here is a snippet: The phrase “In Competition With The Company” as used throughout Article I of this Agreement will be deemed to include direct or indirect competition with the Company or its respective successors or assigns, or the businesses of any of the foregoing. A person, firm, business or enterprise is In Competition With the Company if it is engaged in any industries with similar product offerings of the Company. This includes, but is not limited to, the following business operations: (a) publishing and creation of sales and training tools, (b) kit creation and production, (c) online customer relationship management (CRM) tools, (d) online social sharing tools, (e) online prospecting system, (f) other products and services related to direct sales and multi-level marketing and (g) fulfillment and distribution of sales tools, for direct sales companies and multi-level marketing companies. I interpret this two ways: * It's considered competition to work for a company that has any CRM tools and/or online social sharing tools in general - OR - * It's considered competition to work for a company that has any CRM tools and/or online social sharing tools "...for direct sales companies and multi-level marketing companies." *What do you all think about that section? Is it the first interpretation or the second? Or some other option?* One last section mentions that there is a period of 1 year after employment where any inventions by the employee "...which relate in any way to or arise out of the Company’s actual and/or anticipated web development or business activities or products, including planned or proposed activities or products..." will be owned by the company. *Is 1 year an acceptable period of time?* Any and all help is appreciated. Thanks, David Skinner _______________________________________________ UPHPU mailing list [email protected] http://uphpu.org/mailman/listinfo/uphpu IRC: #uphpu on irc.freenode.net
