Do you know a good law firm/lawyer that has successfully challenged? Let's all help each other!!
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@dj I nearly rejected my stock aware because of that fine print--I questioned how broad it was and ended up getting a statement from Fiserv legal that case-by-case they would evaluate the risk of exposure of proprietary info. Wasn't sure it was worth the restriction risk for 3 shares of stock.
@OP Too many recent examples of people that have left and not been impacted. And lets start with Himanshu.. leaves for Verifone (we have Clover), Suzanne (PayPal) and there are many others at the SVP, VP level that I would not name as to negatively impact them. Fiserv is very vulnerable in this category. Do not take their threats. It is not a great place to be at and its not going to get better anytime soon so understand what you can and can not bear.
Fiserv’s non‑compete is strict, but it’s not absolute. What actually matters is the specific duties you performed in the last two years and how those duties were defined in your official job description.
Fiserv cannot stop you from getting a job. They can only restrict you from taking a role that is substantially similar to what you did for them and involves a competing product or service.
The key is making sure your new role is defined differently enough that there’s no obvious overlap.
Also important: Fiserv’s policy only looks back two years when evaluating your duties. Anything outside that window is irrelevant to the non‑compete.
Read this. He was 4 years removed from being Fiserv COO and was sued by Frank for joining FIS board.
https://www.paymentsdive.com/news/fis-director-resigns-new-board-appointments-payments-processor/640862/
I have one friend who was sued and they had to switch jobs, even though they weren’t selling a competing product. They also weren’t aware they signed a non compete, it was in the fine print of their stock award.