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Path: utzoo!linus!philabs!cmcl2!seismo!ut-sally!gj
From: gj@ut-sally.UUCP (George Jenkins)
Newsgroups: net.legal,net.jobs
Subject: Employment Contract
Message-ID: <334@ut-sally.UUCP>
Date: Thu, 31-May-84 12:20:33 EDT
Article-I.D.: ut-sally.334
Posted: Thu May 31 12:20:33 1984
Date-Received: Sat, 2-Jun-84 10:48:57 EDT
Organization: U. Texas CS Dept., Austin, Texas
Lines: 42

My employer has asked me to sign an employment contract that includes
a covenant not to compete.  He claims that such restrictions are standard
throughout the industry.  I want to find out if it is indeed a "standard"
and if so I would like to look at similar contract clauses to compare mine
against.  I have included the clause from the contract below.  
Please reply via mail; I don't get a chance to read net news very often.

Thanks in advance for any information/advice.


George Jenkins

gj@ut-sally
{ihnp4,seismo,ctvax}!ut-sally!gj
{ihnp4,seismo,ctvax}!ut-sally!absolute!gj

	In order to safeguard the information described in Section 4a,
above, Employee agrees that for so long as he is employed by or
associated with XXX, and for a period of one year from the date on
which, for any reason whatsoever, he ceases to be so employed by or
associated with XXX, he shall not, within the United States, either
directly or indirectly, for his own behalf or on behalf of others,
serve as an officer, director, shareholder, owner, partner, employee,
promoter, consultant, manager or otherwise, of any entity or person
whose business activities are directly or indirectly competitive with
any services offered by or any business activities pursued by XXX.
For purposes of this Agreement, a competitor of XXX shall be considered
to be any person or entity which produces or develops business
software for accounting, word processing, data base management or
communications applications written in the "C" programming language
and intended for use in a UNIX operating system environment.  In the
event of Employees's breach of this covenant not to compete, it is
understood and agreed that XXX shall be entitled to injunctive relief
as well as any and all other applicable remedies at law and in equity.
If a court of competent jurisdiction should declare ths covenant not
to compete unenforceable due to an unreasonable restriction of
duration and/or geographical area or for any other reason, then XXX
and Employee hereby acknowledge and agree that such court shall be
empowered to reform this covenant not to compete to a reasonablbe
restriction and/or to grant other relief, at law or in equity, which
is reasonably necessary to protect the interests of XXX.