[QUOTE=kakashi;1112031]My question involves labor and employment law for the state of: NJ
I recently received a job offer in NJ. The company has some trade secret technology. It includes a statement similar to the one below:
Your employment with the Company is for an indefinite term and nothing in this letter modifies
your at-will employment relationship with the Company. Further, your employment will also be
subject to the Company’s “Personnel Policies and Procedures,” your entry into a
Confidentiality, Invention Assignment and Non-Competition Agreement in the form separately
provided to you, and Company’s general satisfaction with your work performance. You may
terminate your employment with the company for any reason with a written notice.
Additionally, Company may terminate your employment, for any reason, upon written notice.
I have not seen the Personnel Policies and Procedures, Confidentiality, Invention Assignment, and Non-Compete.
that would require a review of the actual document. You would need to hire a lawyer to do that for you. If the employer believes it is binding is just as important as they could sue based on such a belief, whether it is actuslly binding or not.1. is signing the 2-page offer legally binding? For example, if I decide to take another job offer, is the Non-Compete of the 1st job activated?
But to the specific question regarding the non-compete: if you have not signed their non-compete agreement, well, it’s hard to enforce a contract you haven’t signed. The statement you typed says you would be required to enter into said agreements which says, to me, that even they do not see you as having entered into any of the mentioned agreements by signing the offer.
that is a personal decision. Personally I try to avoid agreeing to ambiguous terms. I would want to review the documents referred to prior to moving forward. In your paraphrased rendition of the offer it states the documents have been provided to you. If that statement is actually in the offer letter and they have not been included, i suggest you inform the employer that you have not been provided said documents and request the be provided.2. The Company wants me to sign this document ASAP. Should I not sign the offer until I review the Non-Compete?
again, not a legal question but rather one of asking if the employer will do something. Only the employer could tell you if the terms are negotiable.3. If I review the terms of the Non-Compete, and it doesn't seem reasonable, is it negotiable?
the terms of the contract control the contract. You would have to read the specific document to know what terms is may include.4. If the Non-Compete says I can get compensation for work time loss, will this clause stay in place if I am fired, or the Company gets purchased?
Somewhat open to interpretation so it would be wise to discuss the intent of the statement with the prospective employer.5. What constitutes "working in the same industry"? For example, if the 1st Company is in medical devices (heart treatment), is employment in a 2nd new medical device company (for lung treatment) a breach of the Non-Compete because it is also a medical device company?

