Job Interview and non-compete agreement

Hi Chris!

First of all, congratulations for getting out there. I know a lot of people who are too afraid to self-teach and then try to get a job, you should be proud.

Signing an NDA for a job interview is normal. I contract programmers all the time and I will not bring one on without an NDA. I would not stress about that. However, I generally would not consider signing a non-compete agreement unless it is handed to me with a job offer or if it's a business I know I will not be going into anytime soon... like recycling used baby diapers or something.

I don't think you should be afraid. It sounds like this company may have been burned before by competition stealing their employees, and if they're only paying $16 /hr for a Wordpress dev that sounds like it could be possible. Who are their competitors? Have you seen if they're hiring? Maybe you can play the field a little bit? If this is your first interview, that's great, but don't be overly excited and sell yourself short just because it's an offer.

As for the no contract work on the side, that's your call. My advice (and only my opinion) would be to focus on one project, meaning the job if you accept it, while you get your bearings in a professional development team environment. There is a lot to be said for gaining the experience of working with a team and being able to contribute fully.

Nick,

Thank you so much for your response! The company has not yet said anything about an NDA but they said that they require a non-compete signed with the job. They did say that after 90 days there would be a review in which the wage could be updated, so I wasn't even sure if I should ask for higher pay.

I didn't have much time to take a breath since I sent my resumé (actually typed it up that night) at midnight on Sunday and I had an email at 10 the next day followed by a nice conversation with the HR Associate I will be interviewing with. The environment sounds great, but I'm worried that if it wasn't a good fit, or if circumstances change, that I wouldn't even be able to work in the industry even as a freelancer for a year. With a hefty amount of art school loans to repay, I can't afford to not be able to work in the field I am starting to become fairly proficient in. I probably should have asked for a copy of the agreement but it was so new to me that it just hit me.

Don't psych yourself out! I don't know which industry this company falls into, but I can tell you there are A LOT of industries out there. If you are truly concerned about the non-compete, just read it before you put your John Hancock on it. If need be, take it home and you can ask the HR associate any questions. You can even get their answers in writing (i.e. e-mail! E-mail is actually a contractually binding document that will hold up in court!).

Don't stress too much man, non-competes are not uncommon. They are setup to protect the parties invested, not put their employees in the unemployment line when they part ways.

I ended up doing IT & software development for a large player in the veterinary industry. After a few years they had me sign a non-compete, but it's fine with me. There are a lot of companies out there in other industries who can use my talents and similarly there are a lot of companies who can use yours too.

The thing is that they build business websites for small, medium, and large companies receiving most of their jobs through white pages or something. Hopefully that doesn't equate to a super broad agreement because of it. Though I read that if something is written too broad it can void the agreement. Well, I will do everything I can to protect myself and take my time in the decision. Thank you for all of your advice Nick. I really do appreciate it!

No problem Chris. Like you said, they cannot use such a broad range to stifle you. They're trying to keep you from working for a competitor or starting your own business with the same model.

Even so, I think you're totally safe. There are SO many companies looking for developers in so many fields!

Well, I can't wait until I'm part of a design and development team. Then my obsession with coding all the time will look more acceptable ha!

Hi Chris - Don't worry about the non-compete - I have worked in VA and CA and both states do not enforce them. If you look from the government/ state perspective - they would prefer that you worked and paid taxes opposed to sit on the side lines waiting for contract to run out. Also the company you worked with would have to prove that you solicited their business and come up with a reasonable $ amount of how much they lost and the client really would have contracted with them if it wasn't for your meddling in their business, etc. In VA I purposefully changed fields to fulfill a 2 year NCA only to learn 23 months in, VA would have never enforced it.. I like to think I am ethical and so I purposefully just do not shop across the street. Sign it but be cool.

Lillian is 100% correct and said it so much better than me :P

Especially in California... you cannot sign away liability. It will not hold up in court (at least thats what my lawyer friends say), but I'm not a lawyer so don't take this as legal advice!

I have a background in healthcare and insurance and non-competes rarely hold up in court. The problem with that statement though, is that they do go to court based on how much the company wants to hurt you. They can tie things up in court for several months which the non-compete would be enforced during that time till it is overturned.