Job offer stuff

well, at least after 6 rounds of interviews, they offered me the job! It's an inside manager role with an established company that has great PMF and is an industry leader. Lots to like...except dayum, that employment agreement! They want NDA, non-solicit for 2 years AND non compete for 1 year. I really hate this restriction stuff and usually don't deal with non competes at small companies, but this one's a bit larger.

I'm curious y'all's thoughts. Do I keep obsessing and try to negotiate that stuff (you know I'ma negotiate the numbers) or do I let it slide? I mean, I really don't know if heading to a competitor is what I'd want to do if I have to separate, but still, I hate restrictions. Let me know if I'm the asshole for caring or if my concerns are legit.
🧠 Advice
🤝 Interviewing/Offer
🧢 Sales Management
10
InQ5WeTrust
Arsonist
5
No marketing, mayo isn't an MQL
Congrats - thats all pretty standard stuff nowadays at least in Europe. 

Mileage varies on level of enforceability. Tends to be more enforceable with poaching/solicitation clauses vs non-competes, again this is specific to EU/Uk 
MCP
Valued Contributor
0
Sales Director
This is US, but I appreciate the response! I’m sure someone in that area has the same concerns and your response will help them.
Diablo
Politicker
3
Sr. AE
Congrats man!

My assumption - There are certain things you cannot negotiate on as that's a company level policy applicable for all. Even I'm excitedly waiting for experts comment on this 
ChunkyButters
Tycoon
3
AE
Congrats on on the offer!

I have had NDA and non-solicits in the past, but never been in a managerial level role. Non-compete seems fairly standard depending on your industry. Not 100% sure on timing, but one year isn't huge.

From experience (aka watching my leadership), actually enforcing non-solicit and non-compete can be more of a headache for the employer then its worth for most employers. So they'll send you a scary letter, send the company you're going to a scary letter, and then it will kinda die out.

If you're actually being recruited by a competitor tell them about the non-compete and they will probably have experience with it. Non-solicit is pretty easy to get around. NDA is normal.
MCP
Valued Contributor
0
Sales Director
Thanks! I appreciate the well wishes and helping to put my mind at ease. I’m not much for contracts that appear 1 way.
braintank
Politicker
2
Enterprise Account Executive
As other's said, you're unlikely to get company to budge on NDA, non-solicit, and non-compete. But lucky for you these are rarely enforced.

Focus your effort on negotiating OTE, territory, and equity.
MCP
Valued Contributor
1
Sales Director
Thanks! Territory is set, it’s backfilling a manager’s slot and it’s quite good, so I’m happy with that. I’m not sure equity is a thing, it’s not in the offer at all and the company’s been around a while…
So that leaves me with base & OTE. Hoping it’s not banded, but we’ll see. It’s exactly the same as one of those checking things out website said it would be, so it could be that everyone is the same across the board.
TheOverTaker
Politicker
2
Senior Account Executive
Congrats! As a couple people said, non-competes are pretty hard to enforce. So I wouldn't stress too hard about it 
MCP
Valued Contributor
1
Sales Director
Cool, thanks!
Sunbunny31
Politicker
2
Sr Sales Executive 🐰
Just offering congratulations. Your concerns about the restrictions have been answered. Good luck in your new job!
MCP
Valued Contributor
1
Sales Director
TYVM
TheNegotiator
Arsonist
2
VP of Sales
NDA and NS are fine. Redline the non compete back to 6 months. That’s fair.
MCP
Valued Contributor
0
Sales Director
I had thought the same. Thanks.

End of line.
CuriousFox
WR Officer
1
🦊
Congrats! Don't sweat the standard stuff. Go get em!
LordOfWar
Tycoon
0
Blow it up
Congrats on the Job!

As others have said, NDA is standard and most non-competes are not enforced or even legal depending on the state. Sometimes they are thrown out because the specific terms/length are unreasonable.

Poaching existing customers or employees is the most likely to get you in trouble. They will usually try to say you also broke NDA doing it, so stay far away from old accounts for the duration of the period.

None of what you signed takes away your right to make a living in your chosen profession and industry.

I'm not a lawyer, this is just my own experience.
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