[gameprogrammer] Re: Non competes

Non compete clauses are pretty much unenforcable in North America. 
No one can restrict someone else's ability for employment and to make
a living.  I think there's been cases which were thrown out because
of that.  

Non Competes have pretty much been replaced with Non Disclosure
Agreements.  Meaning that knowledge that you've gleaned from working
with the company, trade secrets of the company and ilk are never to
be divulged outside of the company whether you are an employee or no
longer.  This is more enforcable.

That's not to say companies will still try to weasle the clauses into
the contract anyway.  If it's a sticky point then take it up with a
lawyer or the company in question.

--- Gautam Narain <gautam_n_@xxxxxxxxxxx> wrote:

> A couple of Game companies in India seem to have non competes and
> they are 
> pretty well known within the industry. What I mean is they have non
> competes 
> that states that after you leave them you cannot work in a similar
> company 
> for a year within the whole country. Now this does not exist in the
> regular 
> software industry which also have equally costly technology to
> contend with 
> when they train people. Although the company considers that I am a
> trained 
> professionals they claim that these are terms used to deter people
> from 
> leaving the company after having learnt their technology. Firstly
> if I do 
> join a company I wouldn't be planning on leaving it for at least a
> while, 
> but I would still be skeptical of wanting to sign such agreements.
> Secondly 
> why would a good company be afraid of an employee leaving ?
> 
> My question to all of you is - how valid are these points ? What
> more 
> questions can I pose to such companies which give me such an
> explanation. 
> Surely the regular software companies are also weary of such issues
> and they 
> too spends millions on technology, so how come they are able to
> handle such 
> issues ?
> 
> Thanks
> Gautam Narain


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