Not looking for legal advice here, but has anyone recently witnessed or heard of 3M pursuing legal action for non compete violations? Specifically for employees on the business side and below director level. Additionally, has anyone heard of someone having success with getting released from their non compete(employee agreement) via a direct ask through their manager? Considering the state of things, you would think they would welcome anyone asking to leave.
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To be accurate, Denise sat out her non-compete duration.
Denise Rutherford is the CTO of Velcro - which is a direct competitor to our diaper closure business. I've seen many others go to direct competitors of work they were doing here. I've never heard of 3M coming after anyone that's done that.
Usually 3M would not try to enforce a non-compete. They do have other tricks to meddle with your employment opportunities though. In the Twin Cities area, 3M has contacted local companies which it feels has siphoned too much 3M talent. The prospect of litigation with 3M can be enough for those local companies to avoid potential 3M hires altogether. So your resume goes to the bottom of the pile and you’ll never know why.
@aj+1jk9w9mtz The signed employment agreement form should be preserved in the employee HR record. When I left two years ago I requested a copy of my HR record (I had to email someone in Costa Rica where HR has been outsourced) and the file included a scanned copy of the employment agreement I signed in 1990.
Unless you're extra special, like an on-air personality or you have unique business knowledge (e.g., you invented the unique glue for post-its) and you're bringing it to bear for a direct competitor, non-competes are unenforceable.
Source: I'm in Legal.
As a personal note, I would love to see a company bring an action over a non-compete, because it's commonly accepted knowledge that hasn't been well-tested in the courts after a few significant cases gutted the viability of non-competes as an employee retention mechanism.
Curious if they could actually produce a copy that you signed.
I've never seen it enforced against anyone below a VP. I have seen it enforced a couple times at the VP level, with one being sidelined for the full duration.
Your supervisor cannot waive it, it would need at least at minimum VP's signature on the waiver.
One thing to consider is that the old forms had a clause that if 3M enforced the non-compete on you and you lost a job offer because of the non-compete 3M had to pay you full salary until you found a new job or the full duration of the non-compete.
If you are serious, it is probably worth a short consultation with a labor/employment lawyer in your state. The laws have been changing recently and any old agreements may or may not be valid in your state.
Sorry - should have included this.
"However, non-compete agreements entered into prior to July 1, 2023, are still valid and enforceable. Minnesota state law is not retroactive; it only affects non-competes entered on or after July 1, 2023"
In case you're in Minnesota, FYI:
"Non-compete agreements are prohibited in Minnesota for employment contracts, except in certain circumstances. This ban went into effect on July 1, 2023. "
I think California is the same.
Don’t think they can really enforce it. Not sure why they would all of a sudden care about an employee and try and hold them back. I say, do what’s best you.