I am a relatively new employee (less than 3 years) but the company I interviewed for is asking for a non-compete waiver to join. What are my options? Does anybody know the procedure?
19 replies (most recent on top)
@z9 I am extremely paranoid about this on what would the odds be of getting fired without a waiver. I am on a visa
@w4 I don't have enough information to know that, I'm sure there are, but like the other person on here said there are probably going to be more people requesting these, so I'd just do it.
@w4 honestly I would just request it. The worst they can say is no. If they fire you on the spot (ie not a part of the larger 10% cut layoffs) you could have a lawsuit for retaliation in the US. I'm willing to bet with the layoffs coming they are going to be getting and approving a lot of these waiver requests since people will need and want to find jobs.
@ty are there cases where they did not give the waiver? That would be the worst case scenario I want to avoid. Please let me know as I am very anxious on it
Check your IP Agreement that you signed and reach out to your HR contact. Our legal team has given the waivers before for certain circumstances. Not guaranteed, but I'd ask.
@ff could you please let me know if it could be the case that Ansys refuses to give the waiver even if there is no conflict? My employer is ready to change the scope of my work for the first year
@ff But wouldn't they go to the manager for approval? Isn't there a risk that they would say no and will be completely job less? How did you decide that you want to take the risk?
This happened to me. If you ask Ansys HR and you are friendly enough you shouldn’t have an issue. There is a term in there, as another mentioned, that if they refuse they have to pay you what the company offered you for X amount of time.
@b3 An attorney works for you. The hiring company and Ansys are working in their own self interest. I would strongly consider finding a different job, as it sounds like the hiring company has no problem putting you at risk by requiring you to seek a waiver.
@av how can an attorney help? I think for now my option is to let go the offer or ask for remote in DC/Cali?
@aq You may need an attorney. You are at risk if Ansys fires you, and the hiring company doesn't follow through with an offer. I would also play the field and find backup jobs.
@ah showed it to the lawyers of Hiring company and they want a waiver. It's not even in engineering simulation business so I am surprised. I am just asking what are my options now?
@OP Login to docusign and find the "ANSYS INTELLECTUAL PROPERTY PROTECTION AGREEMENT". It explicitly says that you should share that with prospective employers. It also says when you can request a waiver from the terms of the agreement. It also says any compensation they may give you if they refuse to grant a waiver from the agreement.
My suggestion is to show that document to your prospective employer, if that is the document you were presented with.
you should have electronic copies downloadable from DocuSign or other company handling the on boarding paper work.
OP is in US . The lawyers asked multiple questions before concluding.
It's highly dependent on which State you live in. Some states they're enforceable, some not.
Also highly dependent on the terms. The other post mentions a 5 year exclusion, which seems like a career ki-ler to me. But then again you could just move to a State where it's non-enforceable.
You could always try to negotiate down. They might bite if they want you enough.
If I recall my Ansys non compete just said something along the lines of I can't work in the Multiphysics simulation space for 5 years after termination of employment. Non competes also vary on a state to state and country to country basis. In the US there is also a national movement to make them all null and void that I would look at as well. A lawyer would be the best person to talk to.
which country?
this is very unusual.
i'd ask an attorney - may will give you an advice for free