From an imploding ship to the competitor.

Those who have seen my previous posts about the imploding start up, here is an update.


I have two promising new potential job prospects.


  1. A competitor, younger than my current company but seems like better history (other related businesses are leading this one) and people thus far. Better pay is the primary pull here.
  2. A large education-based company selling to adult education program types. Great benefits, base is a bit lower than my current but I may be able to negotiate that up some.


Both are remote, which I miss and seem to have promise.

I interviewed with the competitor and they were impressed because although I only have 6 months under my belt currently, they mentioned interviewing others with no industry experience at all.

The education company interview with the manager is tomorrow. I have heard good things about them in general from most I have talked to.


Here is where I need help, I am leaning towards the education company because of non-competes and such. That said, I like to keep my options open in case the competitor is the only open option after the interviews are settled.


The owner of the company I work for currently told me (because I came from a competitor, not directly but still) that he is lax with non-competes so long as I "don't pitch up shop next door and steal his clients"....not sure how much I trust him because he has had lawsuit issues in the past and a month after I came on had "updated documents" and told us it was just the payroll company streamlining things or something but the updates were essentially saying disputes need to be handled through adjudication.


I live in a state that is At-Will and very employer-friendly and not very employee friendly.


Attaching an image of the particulars. However, it highlights that employees can not participate with direct competitors within a 50-mile radius of the current company headquarters.


How does this work if I am remote but the company is based out of an entirely different state well over 50 miles away?


Also, how would they know if I directly or indirectly recruited coworkers that I know deserve better? Just an assumption or if someone leaving the company mentions I told them to apply?



******Open to any resources or thoughts. Be nice, I did a lot of research with Sales AI but mostly saw people asking "is there a non compete..." Thought I would try a personal post. Thanks war room!

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8
Phillip_J_Fry
Opinionated
6
Director of Revenue
Not a lawyer, but generally non-competes are pretty flimsy and you're not really on the hook unless you literally steal client information and poach them. If you're just fishing for clients in the same waters, you generally shouldn't have a problem. Additionally, the geography thing plays in your favor. Regardless, I probably wouldn't update your LinkedIn for a while just to be safe
JWA
Personal Narrative
2
Business Development Manager
But when I leave and they ask, just say I’m trying out something new?

usually when you give notice they ask as they want to know if it will measure against the non compete right?
Phillip_J_Fry
Opinionated
2
Director of Revenue
They can ask, but you're not required to tell them anything about where you're going. Say you're not sure yet and are planning on taking a sabbatical until you're ready to get back in the market.
jefe
Arsonist
2
🍁
Exactly what I was thinking. They're almost always unenforceable.

Just DO NOT SAVE A BUNCH OF SHIT from the current company to take with you. Don't download contact lists etc.

And it's none of their business where you're heading. It just wasn't the right fit.
JWA
Personal Narrative
1
Business Development Manager
Also, I’d be surprised if the new employer wouldn’t want me to update to rep them.
Kosta_Konfucius
Politicker
1
Sales Rep
Unless someone gives you legal advice, this is how it typically is
medhardwaredr
Opinionated
4
Director of Sales NA
Looks like 50 mile radius from Boise so if you’re prospecting outside of there you should be good.
Idaho has Cradlepoint which pays well hit them up for a gig
Pachacuti
Politicker
4
They call me Daddy, Sales Daddy
As I stated before, a NC is very difficult to enforce and typically just not worth the effort in most cases. I would google "<your state> non-compete laws".

It doesn't sound you have either job yet, so I would wait and see as to which comes in first.
BigShrimpin
Catalyst
1
Account executive
Do a free consult with a labor lawyer to see what the situation is, assuming you leave on good terms its unlikely they'll try and pursue you the terms seem to suggest as long as you stay out of that 50 mile range and dont go after their current book of business (though the term solicit may mean inbounds are completely fine).

Not a lawyer so assume all of the above is just silly monkey noises but as others have said its rare an NC is enforceable but check just to be safe.
Beans
Big Shot
1
Enterprise Account Executive
Non-competes are trash and companies tend to have them in their offers based on known burn and churn (in my humble experience).
12

Should i jump ship?

Question
15
13

I want off this ship, what should I do?

Advice
22
15

Jump ship?

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20