Re: Non-compete Clauses

At 07:18 PM 1/24/00 -0500, Larry Wilson wrote:

>
>On one hand it seems like a restriction on my right to seek employment with 
>whomever I please!  If I get a better offer across the street, can they 
>really prevent me from taking it?  How can one advance within the 
>industry?  Just what are we signing away?  Okay, those are questions not 
>answers, but they are still the nagging doubts that swirl around this.

I would again point out that non-compete clauses are *not* the same as
non-disclosure clauses.  Non-compete provisions restrict the right of one
party to do competitive work and are narrowly construed because they are
deemed anti-competitive and restrictive.  Non-disclosure provisions on the
other hand, which protect against use and disclosure of trade secrets,
confidential and other proprietary information, are much more likely to be
enforceable.

HOWEVER, in both instances, the manner of how the provisions are written is
important.  You should seek appropriate legal advice before signing, or
including in your own agreements, either of these provisions.

IVAN HOFFMAN, B.A., J.D. 
Attorney At Law
Lawyering With Integrity (sm)
Writing and Publishing Law, Web Design Contracts and Law, Copyrights,
Trademarks, Internet Law, Web Site Audits, Recording and Music Law.  *A
Four Times Award-Winning Site.*
http://www.ivanhoffman.com

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