Nice offer from Nuvasive

Over 2 years with Medtronic as an associate. Nuvasive wants to hire me as their full line spine rep. Have a 1 year Non-compete. Good move? Can NUVA's bag match Medtronic's? I realize staying with Medtronic is the safer route, meaning - they're not going anywhere and will be less affected by changes in the market given their global reach and size. The job with Nuva intrigues me for several reasons. Most notably I want to make some real money and call my own shots. Right now I am taking daily and strategic direction from the spine rep I work for. That's fine for a certain amount of time, but I feel that I am ready for more responsibility, and it will not happen in my current role. I really don't see the downside to the Nuva job, outside of the non-compete, but am hoping to get some good feedback from this forum. Thanks

 

Some points of consideration:

1) NuVasive, contrary to what many may say, is a one trick pony. Sure they have a fairly full bag, but none of its really whiz bang. And some of it is a down right turd. XLIF is their main claim to fame. They are currently the darlings of Wallstreet right now as well, but WS is finnicky and could turn on them quicker than you can say "in the red". Hopefully they can cool the cash spending, and accomplish their Oklahoma style Market Grab before its too late.

2). That being said, they have enough in their bag that if you have some kick tail relationships it could be a very good move for you. With the lack of recent innovation in this market, as long as you have strong (and I mean strong) relationships with your surgeons then the move will work well. But only if you can get your surgeons to start using NuVasive. Consider what your surgeons and those in your area are focusing on, and see if this matches up with what NuVasive offers. 2 years is not a lot of time to gain real solid relationships for most, but maybe fortune has been kind to you.

3) Consider the NuVasive strategy. Your part of the land grab. The more reps they can convert from Medtronic, Synthes, Stryker, and other major players the quicker they get to the finish line. Do they have your long term interersts at heart? Only you can decide that.

4) Medtronic, although a slow moving ship and a bit behind the curve right now, is still the 800 pound gorilla in the room. Sure they aren't growing 35% a quarter, but thats because they own a majority share in the market. They are certainly losing share, but not at an alarming rate (at least yet). If they are smart, they have some things in the works.

5) Personally, if you are putting up decent numbers I would suggest staying where you are a few more years, get more bullet points on your resume (you can't go wrong with having Medtronic on there), and have patience. If your in your 20's you have plenty of time. Patience grasshopper.

6) Take everything I say with a grain of salt. You know your situation better than anyone. Seek many opinions, hopefully more of them not coming from an anonymous website. Put them all in the pot, stir it around, look at what you have left and make a decision.

 

great advice from last poster.

I work for NUVA and love it. However, I have good relationships. I would use caution if your thinking about moving on to a new opportunity. I was once a ASC and know what its like when you feel like you cant "move up" unless you break out on your own.

You know your territory and your docs so the choice is yours. good luck

 

Oh, and dont forget to remember one other important point.
Non-solicitation and covenant not to compete for at least a year.
Can you stomach a federal lawsuit?
That gorilla will come after you, I can assure you that!

 

Depends on where you are located. Employment laws differ from state to state. I only know this because I have moved from 2 different companies and stayed in the same accounts selling the same devices. Nuvasive is a good company. Where is the position they are offering you? I might throw my hat in the ring.

 

No...thats not true. You usually sign the agreement based on the company location (TN)
And it does not matter what state you live in anyway. Even if you are based in Calif. they can still come after you. They have a much less chance of winning (in fact ZERO in CA) but that does not mean the monster will not serve you and make your life miserable for a couple of years and drain every dime you have.
Just be cautious.

 

Remember as an ASC you didn't earn most of those docs business and it will be hard to convert. It might have took your SC 5-10 years to convert them, so their is a good chance the doc will stay with them. Not sure of the situation, I work in NYC and see people get burned all the time in these situations, specifically with joints and spine. Good luck.

 

You sir do not know what you are talking about. If you live in a "Right to Work State" non competes are illegal. They can send all kinds of paperwork to you but it means nothing. Most states are "Right to Work States" except the Northeast and the rust belt.

 

Really????? I probably know more about non solicitation agreements than anyone who has ever ventured onto this website. Trust me...I know.
You sir...are wrong.

 

Do you practice Employment Law? Didn't think so. A Right to Work State is simply that and a non compete is not enforcable.

 

Ok, your right.

Texas is a right to work state--non-compete agreements are unenforceable

You’ve heard that 100 times, right?

And it is dead wrong. The fact that Texas for example is a “right to work” state means that Texas employees can’t be forced to join a union. It has nothing to do with whether non-compete agreements are enforceable.

In fact, non-compete agreements are enforceable in Texas if they are (a) supported by adequate consideration and (b) reasonable in scope.

So, the next time someone guarantees you that your non-compete agreement is unenforceable because it is a "right to work state,” think again!!!!!

Also, smart azz, you might want to consider the other things that go along with a potential suit such as confidentiality, tortious interferance, trade secrets, fudiciary duty.

These have NOTHING to do with right to work. But they have everything to do with the fat federal lawsuit that will show up at your front door.

These are very expensive complaints, that by your own belief have little merit and will probably not hold up in a jury trial, but I will repeat... It will not stop a company as big as Medtronic from filing the complaint. You are missing the point.....It is all about sending a message..and a very expensive one.

 

They can file the complaint but it will not go anywhere.

 

Yes it will...I've seen it enforced many times in Texas

 

You are so crazy! I have no problem disputing this and having a lively discussion over an interesting topic, but you have to be careful what you say. You do not know the facts. The last comment that it "will not go anywhere" is just plain silly.
I am not sure if you are a competitior of Nuvasive, an employee of Nuvasive, or a independent investor using this page as investment diligence. Whatever you do, I would hope that we can share the same message that one must be VERY careful when it comes to going up against the gorilla. The attitude of "dont worry about it.... they never hold up" is dangerous and reckless.

 

A non-compete agreement in a "right to work" state is absolutely enforceable. Anyone that tells you differently has not been through that kind of lawsuit. I live in Florida, a "right to work" state. My company was based out of Ohio. I too, thought that a non-compete could not get in my way because of where I live. I was very wrong. In the end, my agreement was not upheld by the courts because it was not specific enough in time or location.

However, the lawsuit cost me 150k to defend and nine months of my life. I can only imagine what it cost me in lost revenue dollars because I was in court twice a week for those months.

Tread lightly.

 

Sounds as if you made the EES to Intuitive move...

 

Did JNJ really go after people? EES folks are the last people I would hire.

 

You said it. They are nothing but a bunch of glorified pharma sales people. Suprised any real device company would ever hire these people.

 

I too have been the "victim" of "no competes" and a "Right to Work" state. Oh I live in California and they can't touch me cuz their corporate is in another state. Here in CA what my ex company did to me is;

Ok we're not going to stop you from going to the competitor. You can work for whoever you want and in any capacity you want. They just filed a restraining order against me forbidding me to see anyone they considered a customer of theirs. So booyah. Try fighting that one. Only cost me 9K the company I was with put up what I figured had to be 5x that.

Sooooo good luck thinking your no-compete doesn't mean anything. If agree to it and sign it, your liable. Think of this way;
Sorry your honor I was only going 69 mph not 75.
--So you agree that you know in our state the speed limit is 65
--and you went over?
Yes
--Then you are guilty of speeding.