I’m a external facing employee and I’m thinking about leaving. Any new job I take on will most definitely have me interacting with the same customers soliciting business. How worried do I need to be about the non solicitation clause in my employment contract? Is there a way around it? I’m thinking of going to a company way smaller than Honeywell. Advice?
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This is the bottom line, they can't stop you from earning a living even though they try.
The non-disclosure and non-compete I signed only covered involuntary termination (layoff and firing for cause). When I voluntarily left in April 2022 to work for Boeing, I received another copy and a reminder not to disclose any trade secrets or IP. Check your agreement again. It probably covers involuntary termination only.
I was with a Honeywell spin-off, all long time Honeywell employees, and they had legal send a letter to my new company saying that I was violating the terms of my agreement. Made my life miserable while the new company decided whether or not they still wanted to hire me. Luckily, it worked out. I would be careful.
Legal has sent letters to the former employee's new employer in the past, as well as sending the former employee a "reminder" letter. This isn't enforceable (unless you are at the executive level with a contract) but they can make your life miserable and embarrass you with your new employer. Fortunately, if you work with a company that knows what Honeywell is like, they should have your back.
@1iqk+1olVk6lg I was working at Engines in Phoenix when asked to sign the no compete, etc document and was so upset that I took it to a labor lawyer. He concluded that since we were being offered something in return for signing, namely future bonuses, he concluded that it was legal and binding to the extent in it. California doesn't recognize them, in general and especially about general employment but I still think that moving from selling H product to a customer to selling a competing product to the same customer could be dicey.
If you refuse the severance package, you are not bound by non compete. Honeyhell made a mistake by asking employees to sign non compete while employed and not prior to employment. Those non compete's are invalid, so they try to trick you while offering a severance package as the package asks you to comply to terms of non compete after leaving the company
https://www.cnbc.com/2023/01/11/what-the-proposed-ban-on-noncompete-clauses-means-for-you.html
This is the news I was referring to, but I see that it was just a proposal and I don't know what became of it.
I could be wrong, but I believe that restrictive non-compete clauses were outlawed a few months ago for the entire country. If I'm mistaken, then it was for specific states. Somebody, somewhere, realized that displaced employees have the desire and skills to work, and should not be hampered by a jealous former employer.
Do you really think anyone inside Honeywell will remember your name in six months?
Tricky one.
Is the wording clearly defined, time limited, and does not unduly compromise your ability to work in the industry?
If any of that is questionable, the clause may be considered unenforceable.
You could also argue a pre-existing relationship with several prior to signing the agreement.
Also remember, you may not solicit customers BUT they generally can solicit you.
Same thing for ex Honeywell people applying to job positions you post.
Will you be pitching a directly competing product to Honeywell product? If so, do you have knowledge of H pricing and negotiations? If these are true, then maybe talk to a lawyer. If not, don't worry about it.
To @ypi+1olVk6lg many of us were forced into signing restrictive documents to maintain bonus eligibility.
Just leave and never look back. What are they odds they're going to pursue any legal action anyway? Or, just don't sign anything that says you can't compete. Sc--w Honeywell. I'm also leaving very soon. This place is a joke.