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When Given the Opportunity to Revise Work Contracts?
smurfeater asks: "I know this topic has come up in the past, but with the IT market as it is, it may be a good time to review. I have been working at my firm for over a year now and today they came to me with a Confidentiality and Non-Compete Agreement. To make a long story short...due to their SNAFU they are allowing us to modify the agreement a bit. What things should we ask to be included, excluded and what time frame should it cover?"
When I started my job after greduation this past May, I tried to get a new clause inserted into the agreement, basically saying that if I worked on something on my own time, with my own resources, that didn't relate to something my company or their clients did, I would own it, not the company.
Basically, I wanted to be able to work on my own software projects on my own time, and not have to worry about my company taking ownership. Now, I should point out that at a company small enough where you call the CEO by his first name, chances of having your work "stolen" are nil, but having it would have made me feel better anyway.
In the end, I wasn't able to get that clause inserted, the CEO said that the lawyers had reviewed the current one, plus the companies we work for had reviewed it, so it wasn't going to change for just me. However, in your situation, where they are revising it for everybody, that would be the perfect time to get that inserted.
Try to get a time limit set on any non-compete clause. Your employer will likely want this to be a year or more, but in reality something more like 3 months is reasonable for you both. This gives your employer time to react to the fact that you've left, find a replacement, and generally cover his/her proverbial butt, without leaving you out of work for an untenable length of time. Note also that clauses that effectively prevent you from working in your field of expertise for significant amounts of time will probably be unenforcable in court.