Huguette Carbonneau

HIGH TICKET SALES CLOSER (Remote) at Advisorist

Has this happened to anyone else?

Anyone have this issue, I was interviewed by 3 different levels in a company, they had hired me basically on the first interview (via a recruiter) I was to start on Monday, and thye said, by the way we have an NDA... the NDA would prohibit me from working in the the same industry for 2 years should I leave them.. tried to negotiate it down to a 3 month window, but they would not do it..is it typical to get such NDAs?

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BmajoR

Arsonist

Account Executive

I think its common depending on the industry you're in. It sounds like you're in an area where a non-compete is illegal so they're trying to lump it into the NDA to scare you into thinking they can enforce it. Chances are you're just fine and they can't do anything.

jefe

Arsonist

🍁

^^^You'll be fine.

CuriousFox

WR Officer

🦊

A non compete or a NDA? I've signed plenty of NDAs when interviewing.

braintank

Politicker

Enterprise Account Executive

It's likely unenforceable anyhow

Sunbunny31

Politicker

Sr Sales Executive 🐰

Are you in the US? A non-compete is unenforceable in most and illegal in others (like CA). An NDA in and of itself isn't really of concern. Of course they don't want proprietary info shared inappropriately. But keeping someone from working within the same industry is a problem for most. And as a sales rep, it's common to move to competitors, at least in tech, because that's where you have specialized.
At any rate, if it's otherwise a good job, you might consider it anyway.

saaskicker

Celebrated Contributor

Enterprise AE

NDA? or non compete?

HIGH TICKET SALES CLOSER (Remote)

they called it an NDA and it was titled NDA

saaskicker

Celebrated Contributor

Enterprise AE

most non-competes are very hard to enforce depending on where you live. seems as this would be a non-compete clause in an nda. what industry?

Pachacuti

Politicker

They call me Daddy, Sales Daddy

Non-competes are VERY hard to enforce and in some states completely illegal. NDA's are different. But its on THEM to enforce it. The only issue is if you leave to a competitor, this company may send some lawyer letters right after you start which may get you fired. So if you leave, make sure your new company is comfortable with that.

pirate

Big Shot

🦜☠️ Account Executive

I've seen them a few times. They have no way of enforcing non competes. It is essentially just to scare you and make you stay there and not work for competitor once you are really good.

HIGH TICKET SALES CLOSER (Remote)

I checked with an attorney and he said they are still valid in some states and could cause issues - I think the fact that they would not negotiate it means they were taking it seriously. One of my colleagues had a big problem with a non compete and had to live it out over a 1 year period as he had received an attorneys warning letter..but I did read there is a motion to make NDA illegal in some states so see where that brings the issue. It was too bad, seemed like a great position..just did not want to go down the rabbit hole of future issues with aN NDA

HIGH TICKET SALES CLOSER (Remote)

I am in Canada, where NDA carry alot of weight, I work remote- have always worked only with American employers.

DataCorrupter

Politicker

Account Executive

That's a gigantic red flag for me.

Might be a good time to try and understand why the company thinks that's necessary.

Beans

Big Shot

Enterprise Account Executive

Non-competes don't hold up.

Kosta_Konfucius

Politicker

Sales Rep

Highly doubt that NDA is enforceable, unless you start a company and steal on customer info you are probably good

GDO

Politicker

BDM

Non competes can be standard. However, they are very hard to enforce

DungeonsNDemos

Big Shot

Rolling 20's all day

Might depend on your state if in the US. Some states side with employers more often on these.
They can be typical but it would really depend on the market, size of company, and probably like 10 other factors to know if they would ever go after you for going to a competitor.

oldcloser

Arsonist

💀

I want to go on record right now. I love your name.

That said, yes, this is common. Although it’s more commonly referred to as a non-compete. If you’re up there in the great white north, I don’t know what sort of weight they carry. Down under in the US, they’re becoming less and less enforceable.

HIGH TICKET SALES CLOSER (Remote)

Thanks for that, interesting they came back to me last night and said they will amend it to 3 months only instead of the 2 years...let's see if they actually do it...

ChumpChange

Politicker

Channel Manager

If you're not at the exec level or in any type of prod/eng oversight role... the NC's and NDA's are complete crap and nearly impossible to enforce. Remember that the hiring company has to attest to why you specifically can't work for a similar company. What are they gonna say?

ThatNewAE

Big Shot

Account Executive - Mid enterprise

Depends on the industry. Few companies have non-compete, few companies have this clause as well.
If you are in love with the industry and the company reviews are mixed, I'd suggest think hard and then make a decision.

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Huguette Carbonneau

Has this happened to anyone else?

21 comment

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