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Compromise Agreement

 
#1 Compromise Agreement
01/12/2015 15:36

longtimelurker

When leaving under "up or out" and taking a payoff, is it common that a non-compete clause is waived? I'm considering my position and one avenue could be into my current client... how would this normally sit?

LTL

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#2 RE: Compromise Agreement
01/12/2015 18:03

Bushy Eyebrow Partner to longtimelurker (#1)

If you're leaving under "up and out", then it is you that holds the balance of power in the negotiations. Therefore you can insist that they waive the non-compete clause - otherwise they're going to have to go down some other avenue to get rid of you. And remember, one cannot be legitimately fired on the basis that they do not feel you cannot do the job a level above what you're actually employed to do (which is the premise of "up or out"...), only if you're not performing your CURRENT role properly.

Note: This is not legal advice so do not rely on it.

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#3 RE: Compromise Agreement
02/12/2015 11:48

Mr Cool to longtimelurker (#1)

Almost always waived in the case of them managing you out.

Frankly its a great outcome. They want you out, but would like an alumni at the client. You want to got to the client and if you employers will let you go then you're less likely to bad mouth them.

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#4 RE: Compromise Agreement
02/12/2015 16:08

marsday to longtimelurker (#1)

Worth adding here that, unless you are very senior or very specialised, such agreements are almost never enforced even in a breach. They are very hard to enforce anyway (they must protect a specific and defined business interest for a specified and reasonable amount of time) and cannot interfere with you finding suitable work i.e. your individual rights trump those granted by any non-compete.

Ignore it - if there is a great opportunmity with your current client, make that move. Your current employer isnt going to jeopardise that relationship just to try (and likely fail) to make some vacuous example of you.

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#5 RE: Compromise Agreement
02/12/2015 17:47

longtimelurker to marsday (#4)

Very interesting thank you.

For context, I have been at the client for a year, managing a team of their staff plus some contractors. My consultancy are seen as too expensive but they are happy to take on more independants.

I have been at my current level for long enough that I'm starting to look over my shoulder so thinking about options.

Just need to find a way to make the stars align!

LtL

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#6 RE: Compromise Agreement
03/12/2015 09:51

mikebradley to longtimelurker (#1)

Hi,

Please bear in mind that there is a basic right to pursue your right to work here and by excluding you from contacting or working for your known contacts may be depriving you of your right to work - possibly indefensible in a legal sense.

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