[x]Blackmoor Vituperative

Sunday, 2010-01-10

I do not sign covenants not to compete

Filed under: Society,Work — bblackmoor @ 18:16

This is for any potential employers or hiring managers who might take the trouble to Google me before scheduling me for an interview: I do not sign covenants not to compete. If you do not want me to use my skills for the benefit of your competitor, then treat me honorably and pay me fairly. It is just that simple.

There is an implicit assumption behind these “noncompetes” that the employer’s needs and wants are more important than those of the employee. Employer-employee is a business relationship. Each gives something. Each gets something. They are equals. Any agreement of any kind that favors one over the other should be rejected out of hand.

Have you ever seen a noncompete where the employer is forbidden from replacing the employee for six months if they leave? Of course not. That would be ridiculous. So why do people sign promises that they will be unemployed for six months after leaving a company?

When I was younger and more easily intimidated, I would sign nearly anything an employer asked me to sign. I am older and wiser now. If the agreement does not treat both parties fairly, I don’t agree to it.

Note that a covenant not to compete is not the same thing as a nondisclosure agreement. Preserving the trade secrets of a previous employer is just ordinary ethical behavior, and I have and will preserve those secrets with or without a nondisclosure agreement. Since signing a nondisclosure agreement will not alter my behavior in any way, I will cheerfully sign one — as long as it is a nondisclosure agreement. At least one potential employer has asked me to sign a “nondisclosure agreement” which was, in fact, a covenant not to compete. I suspect the irony of that attempted deception was lost on them.