Non-Compete and Recruitment Payback

The enforceability of this type of provision can vary by state, and also can be affected by context (e.g., for H-1B workers where proration would likely be required). Depending on the nature of the work involved, the non-compete clause could render an employee unemployable within his field; where that occurs, in every state where I've seen authority on that issue a provision with that type of breadth would be deemed unreasonable and either narrowed or held unenforceable. For employment contracts, California doesn't allow that type of provision at all, although it may be possible to enforce an out-of-state non-competition clause.

I was talking about the confidentiality and reimbursement provisions, which was what I discussed over on FreeAdvice. This isn't an H1-B situation, it's a private headhunter situation. I've written clauses like this for agreements in most US states (including Kentucky) and they have always been approved by our corporate attorneys. OP doesn't appear to be very concerned about the non-compete clause(s), however I did advise him to see an attorney about that in case he became concerned.

I was simply explaining the law to people who might read your statement and conclude that these agreements are acrooss-the-beard enforceable. The facts, as well as the laws of each state, can make a very significant difference.

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Quoting eerelations

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I was talking about the confidentiality and reimbursement provisions, which was what I discussed over on FreeAdvice. This isn't an H1-B situation, it's a private headhunter situation. I've written clauses like this for agreements in most US states (including Kentucky) and they have always been approved by our corporate attorneys. OP doesn't appear to be very concerned about the non-compete clause(s), however I did advise him to see an attorney about that in case he became concerned.

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It is a private headhunter situation, I frankly was naive in not asking about the amount of reimbursement. The reimbursement amount is about 30% of my take home pay and the contract offers absolutely no-proration

The non-compete is concerning, but the 'competitor' is willing to work with my current employer....my issue is my current employer may not grant release. In that case, my current employer is mad and I lose a fantastic opportunity in a 60% increase in pay. Plus, my current employer essentially will trap me in a low paying position, and is increasingly asking more and more of me. I'm fine with work, don't get me wrong, but I'm thinking I should fight this NOW rather than later.

I have a meeting with an attorney on Monday morning. Just looking to find questions to ask of the attorney.