NON-COMPETES: TO SIGN OR NOT TO SIGN
Employers often condition your hiring (or the continuation of your employment) on your agreement to not compete and/or not solicit their clients or employees during and after your employment. If you are asked to sign a non-competition or non-solicitation agreement the best course of action is to have an attorney with experience in this area […]
USE OF TRACK RECORDS BY ANALYSTS AND TRADERS
As part of their job search, analysts and traders often share their “track record” with prospective employers to establish their value. However, such information is confidential and proprietary to your current and/or former employer. The only exceptions are that the information is either publicly available, or can be compiled from public sources. Absent these exceptions […]
NON-COMPETES: THE PRACTICAL RISK
Whether it is a new job or an existing one, you may be asked at anytime to agree to limit where you may work or what clients you may contact after your employment ends. The question is not whether these “restrictive covenants” are enforceable but what effect will they have on your career. Legally, whether […]
CONTACT LISTS
It goes without saying that a salesperson’s most valuable asset is his/her list of contacts and connections. For some, it is an asset built and cultivated over years of networking and cold calling and what separates them from the pack when they interview for new jobs. Yet, my sales clients have repeatedly put this asset […]
NEGOTIATING OUT OF A NON-COMPETE UPON DEPARTURE
Non-compete provisions are negotiable even after an employee has spent years working for an employer. Non-competes are negotiable because they are only enforceable in limited circumstances, expensive to enforce and courts will most likely edit their time and scope after the employer has spent considerable money trying to enforce its terms. An Employee’s ability to […]
JUST BECAUSE YOU BUILT IT DOESN’T MEAN IT’S YOURS
A common misperception among employees is that if they created, built or compiled information, software or a product at work they are free to utilize it in the future. This is simply not true even in the absence of a non-solicitation or non-competition restriction. The general rule is that as an employee, you are paid […]