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created non competes... again
on 07-07-2006 09:13 AM
i know it has been discussed before but i wasn't able to find the older thread: are non compete clauses in your employment contract enforceable, specifically in the UK? yes, that means the situation in californa is of little interest to me atm, sorry. [img]/images/graemlins/wink.gif[/img]
any links, court decisions, resources on this?
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, polycounter,
1,220 Posts,
Join Date Nov 2004,
Location Germany
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created Re: non competes... again
on 07-07-2006 09:39 AM
I think it's legit as long as they are paying you a compensation wage while you are prevented from working.
No deity could fill any of our requirements if handicapped with existence. -Ambrose Bierce, The Devil's Dictionary
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, veteran polycounter,
4,550 Posts,
Join Date Oct 2004,
Location Peine, Niedersachsen, Germany, Europe, Sol 3, Milky Way
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created Re: non competes... again
on 07-07-2006 10:13 AM
The main issue may be how specific or non-specific the wording. Too general as to make it difficult or impossible to ply your trade and it's probably unenforceable, or they must compensate you fairly for the time you are out of work.
If they insist, require language that narrows it down to the specific type of software, game, product that you are not allowed to work on or not compete against and make sure it has a short lifespan. 2 years at the outside.
And it's probably worth your time to have a lawyer look at anything before you sign.
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, triangle,
305 Posts,
Join Date Nov 2004,
Location Atlanta, GA metro area
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created Re: non competes... again
on 07-07-2006 10:38 AM
It's like KDR said here in Estonia too.
Also they have to pay if they want you to keep secrets after you leave the company etc.
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, dedicated polycounter,
1,373 Posts,
Join Date Oct 2004,
Location Tallinn, Estonia
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created Re: non competes... again
on 07-07-2006 01:55 PM
Technically every game competes against every other game in the world for the buyers' cash. Non-compete clauses are often times so grandiose and vague that they are unenforceable. Technically, working for any other development team in the world could be construed as competition.
If they make reference to specific technical information, game types, etc., they may be able to enforce it.
Ryan Greene
Valkyrie Entertainment
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, polycounter,
1,054 Posts,
Join Date Oct 2004,
Location Seattle
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created Re: non competes... again
on 07-07-2006 03:03 PM
as ryno says - if they want to enforce it, they can by being very specific in the contract. Then anything they "specify" is technically enforcable, and anything they don't is technically not ... the problem comes with what it is they've specified and how that's translated. Don't work for arseholes, that's the easiest way round it.
all you guys out there, you're gonna wish you were Al Green
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, card carrying polycounter,
2,382 Posts,
Join Date Oct 2004,
Location york
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created Re: non competes... again
on 07-10-2006 08:22 AM
ok, that applies for the period after quitting a job - but what about working besides your day-time job? i see quite some staff artists doing that - freelancing on the side, teaching, that kind of stuff, does that have to be negotiated with the employer, too?
admittedly, it's kind of an unusual situation for me - first time in years that i consider full-time employment [img]/images/graemlins/wink.gif[/img]
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, polycounter,
1,220 Posts,
Join Date Nov 2004,
Location Germany
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created Re: non competes... again
on 07-11-2006 05:58 AM
I've never heard of this EVER being enforced, at least in the UK. It's probably just to cover their arses in case a disgruntled ex-employee switches jobs to a direct rival.
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, polycounter,
847 Posts,
Join Date Dec 2004,
Location Edinburgh, Scotland
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