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From: rcd@opus.UUCP (Dick Dunn)
Newsgroups: net.ai,net.legal
Subject: Re: Non-competition clauses
Message-ID: <386@opus.UUCP>
Date: Sat, 21-Apr-84 15:37:35 EST
Article-I.D.: opus.386
Posted: Sat Apr 21 15:37:35 1984
Date-Received: Mon, 23-Apr-84 01:16:45 EST
References: <12319@sri-arpa.UUCP>
Organization: NBI, Boulder
Lines: 20

A question on non-competition clauses of the sort in which you agree, if
you leave a particular job, not to work in that field (or geographical
area), etc.: I once heard that they were essentially not enforceable, the
given reason being that there are certain legal rights you can't give up
(called "unconscionable clauses" in a contract), and that somehow "giving
up the right to make a living (in your profession)" fell into this class.
I don't know if this is actually true - I'd like to hear a qualified
opinion from someone who understands the law or who has been through a case
of this sort.

In any event, I think it's pretty shoddy for an employer to make such
requests of an employee - this is going a long way beyond assigning patent
rights while you're employed and not disclosing company secrets.  If the
employer mistrusts you that much, can you trust him?  I also think it's
foolish to agree in writing to something that you don't accept, on the
basis that you don't think they'll use it or that it isn't enforceable.
Don't bet against yourself!
-- 
...Are you making this up as you go along?		Dick Dunn
{hao,ucbvax,allegra}!nbires!rcd				(303) 444-5710 x3086