20. What happens if the court issues the injunction sought by my employer? Non-competition and non-advertising agreements are now used for lower-wage employees, such as janitors, sandwich makers and hairdressers. According to recent surveys, one in five workers in the United States, or about 30 million people, is bound by competition bans and non-calls. About 15% of U.S. workers earning less than $40,000 a year also say they are not competitive. If your current or potential employer asks you to sign a non-compete agreement, you should consult an experienced employment law professional in New Jersey. Often, employers may be willing to negotiate the terms of a non-compete clause, particularly when it is part of a set of offers. Sometimes you may receive additional benefits, wages, shares or other benefits in exchange for accepting certain restrictions after employment. An experienced lawyer can help you determine if a non-competitive agreement is appropriate for your situation and, if so, review the proposed terms and help you negotiate to your advantage. A well-written non-competition contract can offer benefits to you and your employer, rather than simply a restriction on your choice of work. You may receive a non-compete agreement before your first day of work or even after years of service.
In both cases, you should think carefully before signing. My first job at university was in the IT department of a payment processing and collection company. My office was across the street from a call centre where I heard all day of welfare recipients collecting bad cheques and other people`s credit card debts on social assistance. When some of our salespeople left their own business and took many of the company`s customers, the company began to have them all in the office, from those in data entry to after-sales service, to sign a non-compete agreement. It was the first non-compete agreement I didn`t want to sign. Over the next fifteen years, I would be asked to sign non-competition bans several times, always before employment. I have always refused and until recently I was never denied a position because of this refusal. Many engineers I know are willing to sign non-competitions as long as they are formulated tightly. I have never personally left a company to work for a competitor, so my beliefs about non-competitors come from a purely moral reasoning. Non-competitors essentially make a potential worker in debt.
If the agreement is written in a restrictive manner, it can be said to be a limited form of debt. But it always puts the worker in a form of guilt. Many non-competition agreements contain a non-compliance clause or you are invited to sign a non-appeal agreement, even if you are not asked to sign a more general non-competition clause.