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Employment Contracts Need Advice
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I am about to start a new job at a company.

They sent me a employment contract to review which contains a lot of information about non-competence clauses, at-will employment, and so on.

There's a specific part of the contract that stood out to me that states that while I am employed by the company, I am not allowed to engage in any contractual work or even have any professional business relationships with other companies... is this common?

The reason I'm asking is because I do on occasion do contracted work for companies that typically lasts no longer than a week... but according to this contract which I will need to sign, I wouldn't be able to right?
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>>16951400
>There's a specific part of the contract that stood out to me that states that while I am employed by the company, I am not allowed to engage in any contractual work or even have any professional business relationships with other companies... is this common?
Yes it is.

>The reason I'm asking is because I do on occasion do contracted work for companies that typically lasts no longer than a week... but according to this contract which I will need to sign, I wouldn't be able to right?
That is correct.
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>>16951420
OP here, thanks for the reply.

Anyone have any experience in refusing to sign such contracts?
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>>16951542
You do have a right to negotiate the clause, but they're kind of the ones in power in this situation so chances are they're just going to offer it to someone who agrees to it.
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>>16951542
If you don't sign the contract, they don't give you the job. Plain and simple.

The companies are covering their asses. They don't want you to give away any trade secrets or any other sensitive information, even by accident or habit.
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non-compete clauses have limitations - if these other contract work that you do doesn't involve the same field as this employment offer, for instance, a court won't uphold it.

You can absolutely talk with them about it, a lot of the time this is boilerplate stuff which can be altered in your specific circumstances. As long as you're reasonable with your discussions you should be fine (but of course if you're dying for this job, proceed with caution)

the at-will language though - that raises my hackles. If they can fire you for any reason, they shouldn't be able to enforce the non-competition clause against you.

What else is in the contract? What field of work is this?
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>>16951577
>>16951582
The company wants me really bad (in fact I met with the CEO) and the industry that I am in, it's not uncommon for people to do consultant work on the side. I understand the NDA part, and I have no problem agreeing to that... but I would like to keep my options open to do contracted work on occasion, not often. I have established relationships with smaller companies (5-10 employees) that I've built over the years and my resume clearly states that I have done consultant work in the past. I even do volunteer work where I'm not paid and according to this contract, I would not be able to do that.

Thanks for the replies.
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>>16951598
Talk to them and see if they'll allow you to do it, even if it's in a limited way. The worst that can happen is that you'll be told no.
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>>16951592
Thank you very much for your reply.

There is lots of at-will language in the contract, I'm in IT where as I said before in a previous reply... it's not uncommon for people in IT to do consultant work. It has never been a problem at any of the companies I've worked at previously and I'm responsible in that I only do consultant work where it would affect my personal time which is almost always the weekends.
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>>16951609
is the consulting work the same work as at your job?

really, just talk to them about it man
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>>16951644
Not the exact same work, it is IT so similar tools are used for the job but it targets a completely different market. I plan to be honest with them about it.
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I worked at 'Google Law Firm Marketing" where they greyhat bumped lawyers in Google searches and and they had a clause about not being able to work at other lawyer SEO firms. I used them as a reference for an SEO company that also specialized in legal firms and the floor manager said v nice things about me. It's like "trade-secret" bullshit. I wouldn't worry about it unless you're actively being sketchy.
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Yes, it's common. Moonlighting is against employee contracts in a ton of professions. Typically skilled jobs or jobs that provide training I think.
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>>16951609
The clause you are referring to may not be there as a no-compete clause but as a best endeavour clause. You are employed to provide your best endeavour to the empoyer and not divide your time, energy and attention working on other projects. Higher paying jobs usually have similar clauses - casual and specific projects may have no-compete clauses but not a best endeavour intent.

If you explain to the employer what this other work entails and agree to get written permission to do it, on a reasonable basis, they may agree to let you.

You can modfy the clause with the words "Except with written permission of the employer, which will not be withheld under reasonable circumstances....."

I am an empployer in IT and technology IP development field. I have these types of clauses in my contracts but if someone wants to do outside work they had better be prepared to demonstrate it won't interfere with what I am paying you to do - which includes being fatigued or impaired from over working.
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greatly depends on where you live also. In California most non compete agreements are invalid.
as mentioned it's mainly for trade secrets and confidential client lists to solicit business.
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I have it in my contract, i get paid more because i have it in my contract.
Also if i leave this job then i can't work in the same field for a year.

Its normal depending what kind of work you are in, its a cut throat world and they don't want you profiting from some of the skills you learn and can pass on to a competitor who may not have such know how.

Of course there are ways around it, but just sign and don't get too worked up about it.
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>>16952731
I am in California!
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>>16953524
Are you saying I should sign and then continue to do contracted work on the side? Repercussions?
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>>16952068
Thanks for the reply.
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