Offered a job in SOC, have to sign an employment agreement?

Hippodrome

Its for a year after termination. All sounds normal till the end it felt like they where saying I couldn’t work in the field for one year after employememt ends? Is it just the language that these contracts are written? No company would expect you not to work for a year.

Has as anyone run into something like this?

Blucodex

If you're not sure, ask for clarification.

But I read that as that after termination you will not attempt to steal their customers.

thomas_

If you don’t like something cross it out before you sign the contract.

TechGuru80

I’m guessing it’s an MSSP or professional services provider? I’m not sure why they put prospective customers as that infers possible future customers of theirs....but basically they want to make sure you don’t run off and create your own company and steal their business right away.

Hippodrome

Yes it’s an MSSP. I am sorry I am intentionally leaving out information to protect myself. I think I will ask for clarification as a few have said. All good replys, thank you all for your help!

EnderWiggin

Based on the limited information provided, my thought is that the end of the contract is saying you can't leave the company for a direct competitor. So you wouldn't be able to go to another MSP, or to a company that uses MSPs (because working for them internally could eliminate their need for an MSP), but you could go somewhere that has all their work done internally, and doesn't use MSPs.

Edit: It also depends on your state labor laws. In some states, contracts like these are illegal, so they can't be enforced.

EANx

Solicitation of customers sounds like they don't want you poaching their customers, not that you can't work in the field. Asking questions is your best course here but the agreement is probably written more for salespeople and pre-sales engineers as opposed to N/SOC personnel.

TechGromit

I've seen employment contracts that stated you couldn't work for the client for 6 months or a year after you leave the contract, but the term "PROSPECTIVE CUSTOMERS" sounds way too vague to me. To me this implies that any company that they are trying to solicit business from could be considered a potential client. Employment contracts that try to prevent you from earning a living in your profession are generally unenforceable, but you certainly don’t want to go through the cost to fight it in court.

cyberguypr

Keep in mind that these agreements are one of those things that employers will try to push down your throat and expect you to take in like a good boy. As others say, if you are uncomfortable with the verbiage ask for an detailed explanation and it better be in writing. Yes, some are totally unenforceable but by the time you discover that it may be too late.

Clarify BEFORE you sign.

Russell77

It is not a big deal. I signed one for 2 years once. Company did that because 2 ex employees went down the street and set up there own shop.

Russell77

Most state laws forbid restriction of where you can go to work after termination. They don't want to pay your unemployment if they don't have to.

yoba222

No stealing our customers for one year after you leave.

IronmanX

I've signed something similar before.
I didn't see it as too much of a big deal.
Basically all it said was that I could not steal their clients.

People did leave for other companies and nothing happened.
Basically another company would win the contract and they moved over to the new company.

I've read its not enforceable unless you are actually grabbing clients and starting your own company with the same clients. But of course this is going to differ by state/country/province.

In Canada if you get sued and win the person who sued you has to pay all your legal fees.
It is good a stopping frivolous lawsuits.

What was more scary to me was the intellectual property clause. Basically it said what ever I thought of while employed with them they owned it. I guess if i would have came up with a great start up idea and left to pursue it they could come after me.

Mike R

I had to sign one of those. Mine stated I couldn't poach clients if I left. Depending on how it's worded it may or may not be enforceable. Texas where I am is a right-to-work state and after a lawyer looked at it he said in court it wouldn't hold up at all. As much as I don't care for them if you have concerns I'd have a non bias third party (lawyer) evaluate it.

Ertaz

Mike R wrote: »

I had to sign one of those. Mine stated I couldn't poach clients if I left. Depending on how it's worded it may or may not be enforceable. Texas where I am is a right-to-work state and after a lawyer looked at it he said in court it wouldn't hold up at all. As much as I don't care for them if you have concerns I'd have a non bias third party (lawyer) evaluate it.

+1 for the state where I reside. An employer has a tough time denying you the right to make a living.

Hippodrome

More good replys, thanks everyone.

shortiebs

Mike R wrote: »

I had to sign one of those. Mine stated I couldn't poach clients if I left. Depending on how it's worded it may or may not be enforceable. Texas where I am is a right-to-work state and after a lawyer looked at it he said in court it wouldn't hold up at all. As much as I don't care for them if you have concerns I'd have a non bias third party (lawyer) evaluate it.

Fellow Houstonian. I dont see much security work out there.