On 12/22/05, Aaron <aaron.piclist@gmail.com> wrote:
> A not-so-hypothetical scenario... it the middle of your 3rd week on a new
> job -- which you really like and enjoy.  Now the HR guy comes to by, hands
> you a couple sheets of paper, and says to review this Non-Disclosure,
> Non-Compete, and Inventions Agreement that he forgot to mention and have you
> sign.
>
> Among other items, it contains the following 3 paragraphs...
>
>  < ... snip ... >
>
> What are your thoughts on the above and what would you do?

I was given such a NDA (though it was an even more odious document) after
being with a company for a couple of years, and the best thing I did was to
contact a lawyer and make them a counter proposal.  Somehow, they never
followed up and the agreement was never signed.

So, I'd suggest:
   1) Contact lawyer and discuss it with him.  They had a lawyer prepare their
       wish list for you to sign, you need one to make sure your interests are
       looked after.
   2) Draw up a counter-proposal that is agreeable to you.  Submit it as your
       response to their agreement.
   3) Make sure you get a *LIST* of companies that are considered competitors
       included in the agreement.  You should not have to "guess" if this is a
       competitor or not.  Moreover, their idea of a "competitor"
includes things
       like subcontractor, etc.  That is a can of worms that should
not be opened,
       try to get the list limited to actual competitors.
   4) Make sure you LIST your past and current projects, whether they have
       commercial value or not.  That way they cannot claim that something you
       did years ago is something "new" that "belongs to them".
   5) Personally, even if I had no interest in "moonlighting", I'd try
to get the second
       paragraph eliminated on general principles.  I have agreed to
work for pay, not
       give my life to them.  If I want to make money on my own time, that is my
       business because it it *MY TIME*, not time they are paying me
for.  If they want
       "exclusive" use of my time/talents, they should pay accordingly.

Bill

--
Psst...  Hey, you... Buddy...  Want a kitten?  straycatblues.petfinder.org

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