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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 42257
Experience:  30 years in Employment law
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I've received an offer letter and non-interference agreement

Customer Question

I've received an offer letter and non-interference agreement with a lot of legal jargon and would like to know if it contains any red flags before I accept and execute it.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you.Can you post it here or attach so I may read and respond..thanks.

Customer: replied 1 year ago.
Hello Ray,
Thank you for your prompt reply.
I am having trouble attaching the file or complete text here.
Is there an email I can send it to?
Expert:  Ray replied 1 year ago.

It has to come through the site.You can scan and post it here, the paperclip on your screen allows for that.If you can get it here somehow be happy to read it.Thanks.

Customer: replied 1 year ago.
Hi Ray, it seems to be working from another PC now. Attached is the offer letter and agreement for your review.
Note: the jurisdiction is New York City. Looking forward to hearing from you. Thank you.
Expert:  Ray replied 1 year ago.

Hey the letter here isn't a contract it is an offer, they can terminate you at will but still enforce the non interference agreement.I am assuming it has non compete language.If so this can affect you to the period of the letter.This one you posted is incredibly one sided for the employer, prevents any outside employment while employed with them yet they are not offering you an employment contract.

I would strongly review the non interference agreement that is not posted.The document you posted here is employer and one sided but not unusual.It's the other document that would be potentially problematic if you want to change jobs within the field in the future.Anything that limits you doing this should at least be time limited to say six months and limited to say a 100 mile radius.

I appreciate the chance to help you today.Thanks again.

Customer: replied 1 year ago.
Hi Ray,
The non-interference agreement is posted-- it begins on page 4 and outlines non-compete and non-interference clauses in section 5 on page 6. Please advise. Thanks.
Expert:  Ray replied 1 year ago.
  1. #5 is real troubling cannot work for any competitor for 6 months in the continental US, thats way over reaching in my book.You have to decide how much you want this job and whether you can afford a 6 month timeout of your occupation if it ends here or you quit.Thats a re real read flag to me, you need to think about this --maybe if it is your dream job or you are desperate, not saying I wouldn't take it but know what you are giving up.The confidentiality part is not so troublesome but if say sales are involved no working for competitor or using any contacts you make.Again harsh here really harsh.
Expert:  Ray replied 1 year ago.

If you can positive rate when we are done it is always much appreciated.

Customer: replied 1 year ago.
Many thanks, Ray. Dream job it is and sales will be involved a large component, so am wondering what specific alternate language should I suggest to them in Section 5. (v) Post Termination Non-compete Period and (vi) Post-Termination Non-Interference Period to bound both clauses in duration (to 6 months) and geographic scope (up to 50 miles)?
Expert:  Ray replied 1 year ago.

Yes I would negotiate alternate terms this is way more reasonable what you propose.Good luck here.

Customer: replied 1 year ago.
Many thanks, Ray. Will try that.
Expert:  Ray replied 1 year ago.

Good luck here with the job.