No compete clause

[P.Johnson]

I have checked with several attorneys. They are mostly scare tactics used by large companies and appraisers. Attorneys know they don't work in court and advise as such. They are typically enforceable in the entertainment industry or other such business where they 'own' you and your personality. Ignore it. Any appraiser that makes it a part of working for them is probably not confident enough in their own clients to hire fee appraisers or trainees anyway. Its stupid to work for AMCs that require it anyway. (or any AMC's for that matter - they pay low fees and hire terrible appraisers).

 

[James Cricket]

I find it odd that nobody was aware that non-competes are illegal in California. However, non-disclosures are legal.

I suggest you do some research as there is a ton of info out there, especially on non-competes in CA.

 

[George Hatch]

Pamela's story has a bit of a twist in that the employer had bought out the appraiser's company. The non-compete thus relates more directly to the purchase of the business interest, for which he was (presumably) adequately compensated, than to mere employment. Maybe that's why he lost.

 

[Restrain]

As I recall from my B-Law, you have to be significantly compensated for the non-competition clause. Just sticking one in and not providing any significant compensation for it makes it unenforcable. A thousand bucks is not sufficient, BTW. It has to be Significant to make it worth giving up the work for 6 months, year, whatever.

If your appraisers lost, they didn't have good lawyers, period.

Roger

 

[James Cricket]

In Kansas, and alot of other states, just giving you a job is considered to be consideration.

 

[Stone]

I think what Nancy said makes sense. If you are fired, it is pretty hard to expect you not to seek employment in the field. It is not like quitting and taking all the good clients with.

There is a time and a place for non-compete clauses, particularly when buying a business, like George mentioned. A non-appraisal example: The owner of a popular lawn service in the area sold his company several years ago. The next season, he returned to business with a different name and began running advertisements explaining that he used to be the owner of the old business, but had now started a new one. Don't be fooled by the old name, etc. If I had bought his business and name, it would really tick me off to hear him discussing in ads the fact that the name I paid for isn't any good.

 

[wyecoyote]

As far as Washington State what an attorney told me is that WA is a right to work state non compete clauses are unenforcable.

 

[Rob Bodkin]

The non-competes that I have heard of or been offered, which I declined, generally had specific terms of time frame, client list etc.. My response is metered by not knowing the scope of the one your friend signed.

My problem with this deal is that if the company offers you a job and you want the job and accept the job under the terms offered, you are bound to comply. The chance that you take in agreeing to one of these deals is that the gig won't work out. No one holds a gun to your head to take a job here in the U.S.. If the only appraisal job that is available comes with a non-compete, then you have a choice to make. I'd keep shopping.

In Washington these things are generally only worth the paper they are written on, and the integrity of the players.

One of the responses suggested ignoring the agreement and grabbing as many clients as possible. Yikes. And Realtors L.O.'s get slammed here for being shady.

I would suggest never signing one of these things, even if they are un-enforceable, unless of course you are willing to abide by them.

 

[Rich Hahn]

interesting...the last time anyone mentioned non compete was the last slow down like 10 years ago.
At that time we had a mentor who made everyone sign one and it covered a 20 mile radius from the city center....ya right.

I had a freind who signed a non compete at an AMC and 5 years ago she left and then worked at 3 other appraisal COS 2 small firms and ended up at another AMC. They never even checked into her new jobs, never went after her.

Rich