Sample Non Compete Agreement For Accountants
Non-competition prohibitions are rarely applicable. Most of the time, it`s nonsense. For someone who has just graduated from school, you are not a major threat to an established business. If you decide to go to work for someone else in 6 months, there is nothing you can do. It would be absurd to prosecute them for a non-competition clause. Personally, I wouldn`t worry. Ask yourself why they would put it there. If they do not plan to impose it, it is forced, if they do, you will need a lawyer to challenge its opposability. Don`t let anyone tell you that this is the norm – your job is to show you and do your best, not to protect your employer from competition in the market. However, implementation is a burden. Companies that provide for the maintenance of anti-competitive agreements as a potentially costly nuisance may include in their non-competition agreement a provision allowing the former employee to take a customer for reimbursement. This generally assumes that the former employee pays the company a percentage of the costs he collects from the client for a period of several years after the end of the employment. Many courts are in favour of these rules.
In Packer, Thomas and Co. v. Eyster, 126 Ohio App3d. 109, 709 NE2d 922 (1998), the judge found that a refund provision was not prejudicial to the public, since the only parties involved were the former employee and the CPA company. This allows customers to transfer their accounts to any accounting company they have chosen. First of all, congratulations on the offer! Without knowing the details of their situation, it seems too restrictive. I have met people who are proud to say that they have never signed a non-competition — certainly easier for them to say later in their careers when they have leverage. In any case, if you have an offer that you clearly like and hopefully you have a reasonable relationship where there can be an open dialogue and express your concern in a polite way… I`m very excited about this opportunity, and I think it could be a great adjustment for my career — I don`t expect to leave, but I`m concerned about the insinuation that I wouldn`t be able to do accounting in the Dallas area if I ever left… At least I hope they could find a vocabulary a little less restrictive. They may make it look bad, but they are smart to take it seriously.