I'm fed up with this damn company! Sick of the poor management, hostile work environment and petty AE vs. CAM culture. I have an offer in the same area, but am concerned about the no-compete clause. Couple of questions: 1) Has anyone here had any success in getting out of it? 2) Anyone heard of KCI giving people a hard time (like tying them up in court) when they return to a clinical environment and go from being an un-appreciated KCI employee to being the customer? Never had to deal with a no-compete before, but it seems that 2 years is just a ridiculously long time for a no-compete clause.
Two years is likely not enforceable, although one year will depend on the state. Many states have a right to work and they'll laugh at two or even one in this economy. KCI would have to enforce or take action, likely on your new employer. You likely will need to invest in lawyer to review your specifics, prior to next step. There two year BS, is all about what is going to soon take place with many companies competing in this space, some with very deep pockets. Good luck.
KCI can do nothing to stop you from working. Take the job and if they have a problem with that, then let them try to sue you. KCI will lose.
I agree. I just cannot see them suing you, especially in the world of a 9+ unemployement and of course all you have to say is you have to support your family and if they try and do anything, you will GO PUBLIC and expose KCI and its core of values they preach. And another thing is that KCI steals employees from hospitals all the time and gets away with it.
Your information is not correct. Even in a right to work state, a non compete is enforceable. The states have changed their views on this over the years. I talked to a lawyer. The bottom line is it was a legal contract you signed that is indeed enforceable in all states. Would they come after you? It depends. Could they come after you and would they win? Yes. It would also be very expensive to fight in court and you would have to have compelling evidence as to why you couldn't get a sales job outside of the fields listed on the non-compete.
I work in a non compete state. They set me up a few years ago. They blocked my unemployment benefits. I was part of KCI for 21.5 years. Went on some pretty cool trips all over the world. They don't care about us schmucks. " I don't care what you did last quarter, what are you going do for me next quarter". That's what I put up with for the last five years. They fired me, than blocked my unemployment benefits! GLTA, and I mean that.
Don't really even remember what was on the non-compete claus??? Can someone list the types of work you are banned from for 2 yrs????
They can also be overly broad, and therefore reduced or limited. Many time the enforcement is more rigid when a company is selling. How a person is let go can come into play if that is relevant. The bottom line is they can force you to spend money, even if they lose. If they sense the masses are jumping ship, they may make examples of a few, which can get expensive. This is what no good cock suckers do, especially after some good ball room dancing.
FY 2010 Sales Incentive Compensation Plan Document (Version 4) Exhibit A Examples of Entities Subject to Section 3 of the Agreement Advanced Wound Care Business* Smith and Nephew ConvaTec Boehringer Prospera Innovative Therapies Inc. Systagenix Therapeutic Support Surfaces Business* Hill-Rom Company Getinge – ArjoHuntleigh RecoverCare Size Wise Stryker Biological Tissues/Regenerative Tissue Business* Ethicon Covidien Bard Cook Surgical TEI BioScience * Including any durable medical equipment companies that distribute products manufactured or distributed by the above named entities or others that compete with Company in its current or future businesses (i.e., Apria, RecoverCare).
Are you able to relocate? It's only a non-compete for your current KCI territory. Move away and you can sell against KCI tomorrow.
Thanks for the great input guys. I can't really move (elderly mom lives close by and is in need of care), but I'm only just considering an offer from a competitor. The real offer I am considering is to return to a clinical setting, in charge of materials. This would put me in a position to decide KCI's future in this particular facility. I won't be a competitor, as much as one of their primary customers. While I'm not set on destroying KCI or anything like that, I just don't want them to give me a lot of legal grief if my decisions don't go their way. Iw ill still have friends there that I don't want to screw professionally, but I know KCI can be petty when they want to be...
You can take a job from a customer. You just can't work for a customer while working for KCI and encourage the use of KCI's products as that is a conflict of interest.
I didn't say you couldn't work for a customer. I said you couldn't work for one AND encourage the use of KCI's products. I worked for one of my customers when I was with KCI.
Take a job or get another business going. There are many managers and employees working on the company clock bringing in a paycheck from another source. This is also with education. Can you say SUBJECTIVE oversight as HR even knows this.
I watched two employees leave the company and go to work for a competative company who had hired other ex-KCI RVPs, etc. To my knowledge, KCI did nothing. They may pursue it, but my guess is that KCI's legal tab at this point is staggering, not to mention the normal retainer for their legal team. S&N might be a sub-standard product, but their pockets are much deeper. I also assume that KCI will prioritize what they will pursue legally, ie. R&D, management, and upper management. The legal department has bigger fish to fry than to sue a TAM or a one to two year AE. When they shave budgets like they have lately, there is a reason. I am assuming the money they are saving won't be used to sue TAMs and AEs. Food for thought, for what it's worth!
