Covenant Not To Compete?

I was wondering if any of you could add any input in to my situation.

The abridged version is; I've been with a company for 10 years.(Based in Massachusetts) I gave my two week notice at the beginning of last week, stating that my last day would be tomorrow (09-09).

I've been considering going in to business for myself.

Today I was given a CNC to sign and I was told that it was non-negotiable.

To my understanding; a CNC is signed prior to employment or while employed and when offered an incentive such as a promotion.

I informed my employer that we'd discuss it before my shift tomorrow and I'm doing research.

There are no legal repercussions to not signing it, is there? He's just trying to be a dick, right?

What's he going to do? Fire you?

What are they offering you in exchange? If the answer is "nothing I want" then fuck 'em. Non-negotiable is a lie.

BarkLikeADog - What are they offering you in exchange? If the answer is "nothing I want" then fuck 'em. Non-negotiable is a lie.

He's offering absolutely nothing.

In my head there are two scenarios. One where he is so money hungry that he wants to crush any potential competitors so that he can monopolize the area or he's worried that I would be a large competitor if I were to go out on my own.

We've done a lot of R&D in the last year. Probably 25% research from him, 75% from me; but 90% development and implementation by me. Me leaving the company is going to set him back quite a bit.

Wouldnt sign anything like that. Youre free to start any business you want.

Why would you even consider signing that?

Scenarios don't matter. He wants something you don't. Doesn't matter why. He has to give you something in exchange for what he wants or he doesn't get it.

I'm no lawyer - but fuck signing that. Get back to the basics - we live in a free country driven by a free market. We encourage market competition. If he wants something from you then he can pay your asking price or not get it. I don't blame the guy for his antics, but i say Matt Serra him.

You are not in any way whatsoever obligated to sign that or any other document he puts in front of you. 

Even if he offers to compensate you for it, I would advise fully thinking through the value and weighing it carefully before agreeing. $100k? Okay, how much will you make on your own? Will the agreement restrict you (make you worthless) to another potential employer if you wanted to work for a competitor? 

Just politely decline. If he tells you to go ahead and end your employment immediately, say okay and leave. Easy enough. 

Don't sign it! You have no obligation or legal reason to!

Those types of documents are signed prior to employment. 

 

We don't know each other but trust me.

 

Just respectful decline. 

Only reason to sign it after the fact would be if a sizable/lengthy severance was being offered.


 

 

Fuck that guy. He probably looked through your file and realized you never signed one and is trying to get you to now. Tell him to lick your fluffy beanbag 

OP I am sending you a bunch of papers I need you to sign. It's non-negotiable.

Suimaru - I was wondering if any of you could add any input in to my situation.

The abridged version is; I've been with a company for 10 years.(Based in Massachusetts) I gave my two week notice at the beginning of last week, stating that my last day would be tomorrow (09-09).

I've been considering going in to business for myself.

Today I was given a CNC to sign and I was told that it was non-negotiable.

To my understanding; a CNC is signed prior to employment or while employed and when offered an incentive such as a promotion.

I informed my employer that we'd discuss it before my shift tomorrow and I'm doing research.

There are no legal repercussions to not signing it, is there? He's just trying to be a dick, right?
That's a bad deal dude. If you plan on going out on your own ever you should know the answer already.

Don't sign it. 

You should go ahead and sign it. Then you won't have to worry about starting your own business.

Lol at mandatory as well. You have all the power in this situation. He should have had that signed when you were hired. I just wouldn't come in anymore, or go in and get your shit. Ask him why he thinks it is mandatory you sign this. I would love to hear his reasoning. He sounds like a winner.

https://www.faircompetitionlaw.com/2017/01/24/massachusetts-noncompete-and-trade-secret-reform-returns/

 

 

not sure if it got signed in yet. Just glanced at it

"Ask him why he thinks it is mandatory you sign this."

I wouldn't even bother with that. It just confirms that you'd even consider there's truth to it & opens the door for more posturing & threats.

This seems beyond stupid, pathetic and ignorant on your soon to be ex-employers part.

But I'm not a MA atty. Don't sign anything without your atty reviewing first.