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  #1  
Old 01-15-2013, 07:28 PM
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Law I thought we already had an official free legal advice thread

Well, we do now!

This US company wants me to sign a pretty restrictive NDA/non-compete for a three-month internship, and it's giving me pause. If I'm reading it correctly, I would not even be able to start applying at any competing companies for 9 months after I get back. Since I plan on graduating and starting working about 9 months after I get back, I had planned on applying right away.

There's free legal counsel on campus that I intend to consult, but my email to their appointment system got bounced back, so I'm going to have to do some more work. So far I have just skimmed the document, I still owe it a real thorough reading, but it's loaded with legalize and totes boring. So I may be :hyperventilate: over nothing, as is my wont.

If I attach the doc to the cloaca or something, would anybody be willing to take a peek at it?
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Old 01-15-2013, 07:47 PM
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Default Re: I thought we already had an official free legal advice thread

I think if you sign the NDA, the Feds can attack your place of business and put you into the Witness Protection Program, so it's got that going for it, at least.
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Old 01-15-2013, 11:19 PM
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Default Re: I thought we already had an official free legal advice thread

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Originally Posted by Ymir's blood View Post
I think if you sign the NDA, the Feds can attack your place of business and put you into the Witness Protection Program, so it's got that going for it, at least.
I think if you sign an NDA, it's mostly evil. That has to be weighed against other evils, but it's unethical in its essence.
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Old 01-16-2013, 12:00 AM
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Default Re: I thought we already had an official free legal advice thread

A 9 month non compete for a summer internship is really bullshit, but not at all surprising. Can you ask them to amend that clause to be more not stupid?
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Old 01-16-2013, 12:15 AM
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Default Re: I thought we already had an official free legal advice thread

Do you really want to work at a place that thinks like that, On the other hand, my daughter signed one with a 5 mile limit and several people have said that kind of doc. does not hold up in court. You could sign it "Under Duress" and see what happens?
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Old 01-16-2013, 12:16 AM
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Default Re: I thought we already had an official free legal advice thread

Yes, I've also been given standard "no compete" clause contracts to sign and have noted that's it was dumb. It was then quickly removed.
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Old 01-16-2013, 12:18 AM
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Quote:
Originally Posted by thedoc View Post
Do you really want to work at a place that thinks like that, On the other hand, my daughter signed one with a 5 mile limit and several people have said that kind of doc. does not hold up in court. You could sign it "Under Duress" and see what happens?
:gah:
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Old 01-16-2013, 12:30 AM
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Default Re: I thought we already had an official free legal advice thread

Quote:
Do you really want to work at a place that thinks like that
That's like asking "Do you really want to work"? All corporations think like that.
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  #9  
Old 01-16-2013, 01:08 AM
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Default Re: I thought we already had an official free legal advice thread

My non-lawyer advice would be to line out the non-compete clause and then sign it.
It's not enforceable in California anyway and legally questionable elsewhere.
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  #10  
Old 01-16-2013, 01:12 AM
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Default Re: I thought we already had an official free legal advice thread

Quote:
Originally Posted by LadyShea View Post
Quote:
Do you really want to work at a place that thinks like that
That's like asking "Do you really want to work"? All corporations think like that.
Really? Only one place I worked had an agreement like that, and that was a year or so after I started there. And when asked, my Lawyer said it wouldn't hold up.
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Old 01-16-2013, 03:19 AM
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Default Re: I thought we already had an official free legal advice thread

Not all positions have such agreements.
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Old 01-16-2013, 05:18 AM
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Default Re: I thought we already had an official free legal advice thread

I am a big fan of non-compete clauses, as you know.

I'd try to have them change it if I were you. Does it have any geographical scope limitations, or does it basically say no competing anywhere?

BTW don't listen to thedoc.
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  #13  
Old 01-16-2013, 01:02 PM
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Default Re: I thought we already had an official free legal advice thread

thedoc, non compete clauses are useful to corporations as they have in interest an preventing people using employment to gain advantageous information (trade secrets and new product developments and such) and then use it to unfairly compete against said employer.

Now, there should be geographical and time limitations that are reasonable and do not prevent the employee from working anywhere at all. I think 9 months for a 3 month internship, presumably nationwide, is unreasonable.

Last edited by LadyShea; 01-16-2013 at 01:55 PM.
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Old 01-16-2013, 09:07 PM
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Default Re: I thought we already had an official free legal advice thread

They don't want to train people to work at their competitors.
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Old 01-16-2013, 09:31 PM
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Default Re: I thought we already had an official free legal advice thread

I am p. sure that if you sign your name backwards, that makes it mean exactly the opposite. So in this case, the company would be prohibited from hiring anyone else in your job capacity for nine months after you leave.
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Old 01-16-2013, 09:34 PM
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Default Re: I thought we already had an official free legal advice thread

Finally somebody is taking my shit seriously!! :thankee:
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Old 01-16-2013, 11:05 PM
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Default Re: I thought we already had an official free legal advice thread

Quote:
Originally Posted by Dingfod View Post
They don't want to train people to work at their competitors.
Good pay and good working conditions ahould take care of that.
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Old 01-16-2013, 11:09 PM
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Default Re: I thought we already had an official free legal advice thread

Non-compete clauses are only useful for shity companies with bad working conditions and no benifits.
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Old 01-16-2013, 11:26 PM
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Default Re: I thought we already had an official free legal advice thread

:lol:
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Old 01-17-2013, 03:10 AM
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Default Re: I thought we already had an official free legal advice thread

Also, laws are pretty much useless. Criminals sure don't follow them.:larry:

My legal advice* is to sign it all Hancock-big "POSSE COMITATUS NON COMPOS MENTOS**, SUCKAS!!!!!!!!!"

*Not actual advice on matters pertaining to law. No advice was harmed in the construction of this post. All simulations of advice void in Lolorado.

**In this case, meaning not competent to eat Mentos.***

***Das Freshmaker.
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Old 01-17-2013, 04:04 AM
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Default Re: I thought we already had an official free legal advice thread

Quote:
Originally Posted by chunksmediocrites View Post
Also, laws are pretty much useless. Criminals sure don't follow them.:larry:

Really? Are you implying that 'Law abiding criminal' might be an Oxymoron?
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Old 01-18-2013, 12:01 AM
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Default Re: I thought we already had an official free legal advice thread

Really no, I was making fun of your conclusion that gun control laws are useless since criminals don't follow the law, and extrapolating and exaggerating; since the same rationale can be used to argue that there need be no laws. Murderers still murder, why have murder laws? People still get sick from contaminated food, why have rules about food safety?

I was implying you say dumb things.
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Old 01-18-2013, 12:27 AM
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Default Re: I thought we already had an official free legal advice thread

We don't need no stinking laws, shunning persons offending common standards of decency and hygiene should be sufficient.
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Old 01-18-2013, 01:34 AM
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Default Re: I thought we already had an official free legal advice thread

Quote:
Originally Posted by chunksmediocrites View Post
I was implying you say dumb things.
Ah! Hmm. Yes... yes.

No, lost it again. Are you implying that if good people don't have guns, then outlaws will break locks with guns at red lights?
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Old 04-19-2013, 11:47 PM
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Default Re: I thought we already had an official free legal advice thread

I clicked "REGISTER", not "Join" ... does this mean I am not bound by the Terms of Service and Privacy Policy?*



register-not-join.png

*not a sincere request for legal advice
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