紧急竞争条款
大家好，
I accepted a job offer (Senior Associate) at a boutiquePEfirm and was never told there would be a non compete clause and NDA I'd have to sign later on. I started a few days ago and they're asking me to sign an NDA with a non compete clause that would prohibit me from working for any competitor or client for 12 months post termination or leaving. Is this normal?? I've never seen this before and I think 12 month is way to long for someone not in higher positions? There's no mention of severance or anything such. I'm in the US if helpful.
Comments (21)
初级角色的非常非标准的ESP
thanks! any advice on how to fight this (given I already started)?
此时，我将评估您在公司内的杠杆作用 /站立，并弄清楚不签署这些文档的影响是什么（即，如果您不签名，他们真的会开除您吗？）。也许与就业律师通电话。向他们询问建议：（a）如果您在雇用 /被登上工作后要在胁迫下签名，这些文档仍然有效；（b）如果您拒绝签名，而他们解雇了您，那么您的追索权。还要与您的经理交谈并找出这么长的非竞争的目的？您的生活 /个人目标会发生什么变化，说您是否想搬到美国的其他地区，但仍在做PE？有相互了解并解释您的担忧有时可以帮助您达成共识的解决方案。
I've seen this happen personally - i simply chose not to sign anything and there was nothing that the firm could do. It's a small investment firm I was with and it was hard to replace me. I was prepared to just walk out and work elsewhere, and I made that very clear to everyone.
How do they define competitor? Curious
我也想知道！它的措辞非常模糊，我不确定我是否有利于我签名，然后决定离开。就像全部PEfirms, specific ones? WholeAMindustry?
Right-I could maybe understand if it was for a similar size fund (aum/average investment size), vertical or geography…however a blanket statement like that is absurd
Common forHFsfor an ancillary comparison, if you decide to sign make sure you have a provision to be paid for the non-compete.
There is a difference between what is written in a legal contract versus what is permissible under local (in your case, state) law. Assuming your contract is governed under the laws of New York, a non-compete is largely unenforceable unless it provides very narrow limitations, such as geography, specific sector, etc. For what it is worth, when I joined aPE公司作为一个助理I had a 2 year non compete and I consulted with a lawyer that said it would be thrown out in court - there are a lot of cases thay work against these non-competes. The real thing you want to avoid is starting a brand new firm directly in competition with your current or if you SOLICIT clients within a set time period. I would consult a lawyer but it shouldn't be a real issue at the junior level.
You are way too junior to have a non-compete. I could see maybe a very limited non-solicit, but even that is not standard. Depends on what state you're in too. If you're in California or Texas, sign away. They can't enforce it unless there is a fat check attached to it.
Two comments:
1.这些非竞争力在关注量子驱动策略的对冲基金中更为普遍。确实，如果没有“产品”，那么什么都没有真正专有，不应保证不兼容。
2. Where I have seen/heard of non-competes across the board withinPEfirms is when it is a very young shop and they have a niche strategy that they worry about being replicated. Tough news is that nothing is truly unique and you can't prevent someone from earning a living. What they're really trying to protect for is that you don't quit and then try and try and start-up a new firm with the identical strategy and with the identical client-base - though, I have seen this happen time and time again and firms often don't bother arbitrating due to the negative spotlight.
There is no way I would sign a non-compete as an associate. I don't care how unique someone thinks their strategy is. There is nothing new under the sun.
Test
Generally speaking with non-competes inNYat least, the less specific the non-compete is, the less enforceable it is
这是对的。限制您工作的“毯子”条款通常不可强制执行。它通常必须遵守设置参数，例如：时间，位置，业务领域，并有解释您当前公司的IP需要保护的原因。创建了非竞争条款是为了阻止不公平的竞争（例如开展非常相似的业务并窃取客户） - 并非为防止竞争而创建它。关于这一点有很多判例法。最近想到的是一个位置代理，他将船跳到了一家竞争对手公司。他们选择起诉安置代理并在法庭上输了。她的合同不在NYlaw. To make matters worse, she even opted to download client information (a big no no!)
Non-compete is very normal at your (our) level - mostPEfirms have them. 12 months is long, 6 months is more standard. To everyone's point above, they really aren't enforceable (plus your firm would look terrible for doing it). I would just sign it, maybe ask for 6 months instead if its really bothering you.
您可以以非常便宜的价格与就业律师咨询，例如150美元 - 可以就您的管辖权和合同的这种情况提供建议。
NYis pretty employee-friendly and anything over 6 months isn't typically enforced, but there are some caveats, like protecting client relationships, that might hurt you and the courts have enforced longer.
This would be one thing as a managing partner but senior associate this is not typical. Ask for a few days longer to review the contract, but I would not sign this and probably ask for it to be deleted or changed to a non-solicit - do you really want to go through the legal process for a job you will more than likely eventually leave?
I had something similar to this in my employment contract at my previous firm; when I left for another fund I asked a number of people (including a couple in the executive search space) and was told that these clauses are almost never enforceable, since the language is usually too broad.
It also says a lot (or very little) about a firm and its principals if they're going to try and sue an analyst or associate for going to a competitor. Looks very tacky and often turns off investors. Not to mention the media loves sinking their teeth into this stuff.
一个好朋友是一名就业律师，超过600万人的任何事情都不是真正可执行的，并且更具作用是吓you您的功能。对于初级雇员来说，这也很难做到，因为您需要拥有一定的资历。
Consult with a somewhat decent employment lawyer tho!
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