回複:急求職業合同問題幫助,小妹這方有禮了.

來源: scoopydoo 2005-01-30 18:43:17 [] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1031 bytes)
This is a pretty common non-competition provision in a standard employment contract. Whether such provision is enforceable by a court depends on whether it is reasonable. If you are in CA, mostly such provision would not be enforced by CA courts. But if you live in other states, such provision may be enforceable if it is reasonable. In your case, the 12-mo time period usually would be deemed as reasonable. However, according to your message, there is no geographic limitation in the non-competition provision. Thus, if you later get another job in a company providing same products or services as the current one does, but the two companies currently have no competition geographically and the current company has no plan or capacity to expand its business into the new area, the Court may order the provision unenforceable.

You may negotiate with the company about the contact. But normally you will fail to modify it if it is a standard employment contact of the company. If you refuse to sign, you will lose the job.

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回複:回複:急求職業合同問題幫助,小妹這方有禮了. -zeroknowl- 給 zeroknowl 發送悄悄話 (128 bytes) () 01/30/2005 postreply 18:53:55

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