Itsabaddaytobeaphone

SDR

Non-Compete Question

I have an interview with a recruiter this week for an AE position (currently sdr) in the same industry. The non-compete states I cant work for a year in the same industry. I do not think non-competes can ever hold up in court but I'm wondering when in the interview process should I discuss it? Should I tell the recruiter or after the hiring manager or only if I get an offer?

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8 comments

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Rallier

Politicker

SDR Manager and Consultant

It really depends on the state. And also how the company reacts.

SheWOLF

Opinionated

TC Sales

I'm not an attorney by any means, however I've never seen this become an issue, unless you start targeting the old companies clientele.

funcoupons

WR Officer

👑

Agreed. It's not worth it for the old company to go after you legally unless you start costing them a lot of money. Stay away from their current clients and don't try and recruit their existing employees and you're fine.

Salespreuner

Big Shot

Regional Sales Director

May be the one with hiring manager - to back you up
If recruiter is supportive or confident on your profile and so are you, you could discuss upright too

Chep

WR Officer

Bitcoin Adoption Specialist

As I've said in earlier posts, honesty is the best policy. The Recruiter likely has other jobs and positions they can offer.

swizard

Celebrated Contributor

Sales Evangelist

Absolutely worth challenging that - in b2b environment non-competes are crucial but blocking you from moving your career in the same industry is insane IMO

illexpenseit

Opinionated

Account Manager

Has your company hired people from competing companies? Chances are, if they have, Those people also had non-competes in their contracts. It's hard for a company to follow up on those clauses when they break those rules themselves.

also, those truly only get enforced when you are talking about a change in leadership that leads someone to go to a competitor. The worst thing that may happen to you is that they walk you out of the building when you put in your 2 weeks to ensure you don't steal company info.

AnchorPoint

Politicker

Business Coach

Be very upfront about it. Last thing you want to do is waste everyone's time if it is a huge issue for the new organization. Withholding that information will burn you with the recruiter (surprised they did not ask!) and the new company.

That being said, non-competes typically cannot keep you out of an industry. They may be able to protect your current company's client list and proprietary information, however, depending on where you live, that is becoming much harder to enforce. And if the company has been lacking in enforcing previously, it may void the agreement. Check with an attorney in your area.

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Itsabaddaytobeaphone

Non-Compete Question

8 comments

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