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Comment by olefoo | Hacker News Reader

Remember that this contract is a negotiable agreement.

You can strike clauses and file an amended agreement, they can refuse to accept such things; but you are not obligated to sign unless they are compensating you adequately for what you are giving up. Approach this as an equal; decide what _you_ are willing to put up with. Nobody on this forum can tell you what you can and cannot live with.

Do figure out your BATNA at this time.

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The compensation part is actually really interesting. My particular industry is notorious for using really strongly worded non-competes. Those don't fly at all in California but they do fly in a fair number of other states. In Illinois there was a court ruling that stated that non-compete agreements are not enforceable unless a specific bonus is paid for signing the agreement. Continued employment (in that case of just under 2 years, after an acquisition) was not enough compensation.

So, if you are asked to sign one of these things either ask for some cash up front or hold in your back pocket that it's probably not enforceable (though it can certainly end in litigation which can be terrible for everyone involved).

but you are not obligated to sign unless they are compensating you adequately for what you are giving up

In the US, at least in general, this is a contract, and without the employee getting "consideration" it's not valid. And mere continued employment doesn't count, they'd have to give you something extra such as a raise or bonus.

What I meant by 'not obligated to sign' was that there are more than a few paths open. Some of those paths involve separation from this employer. The original poster needs to figure out what his options are, and what he can do if he can't negotiate an outcome he finds satisfactory.

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