Non-Compete Clause

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Anonymous

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Does anyone happen to know if we signed one of these when we were hired. For the life of me I can not seem to remember. I was hired during the expansion 2 years ago and I'm ready to move on.

I have an offer from a competitor. Would KC find out if I didn't tell anyone? Would KC do anything if they were to find out?

What rights do I have? I'm working for a company that is not doing the right thing by its employees. I feel I have no obligation to stay and I have an opportunity to make a lot more money.

No offense KC. I like you and everything. It's kind of like what you say when you have layoffs.
"It's nothing personal, it's just business."
 


I believe we signed one when we were all hired 2 years ago, but I always thought they were only enforceable if you didn't live in a right to work state.
Which side are you on? VAP or DH?
 


They will not go after you unless you are of value to the company. Personally, I don't think they value any of the salesforce so I wouldn't worry. Go take the other job if you get an offer.

The supply product manager left. Also, DR, RW, FM, JW, JP, EY. Should I go through the list of reps as well?

Should I fill you all in on who's leaving too?

The writing is on the wall. If you find a better opportunity take it. KC doesn't have much to offer.

No pension, what about stock options or stock awards? What is really the draw to stay here? Geez, they don't even want to pay you your commision every month, nor can they explain how you get paid. I had one month that my numbers were so ridiculously down and I got over $7,000 in commission (WTF) should have been a pay back month. Then four other months my numbers are way up and a few of those months I had to "pay back" the company or had checks under $500.
If it could be explained then perhaps people would understand. Business people like to know how they get paid. The company wants us to operate our territory as if we were running our own business.

All I know is that part of running your business is knowing what's coming to you.
Can you please explain?

It's such a shame. You have 2 VAP reps in the interview process (one has been on the first interview and the other has gone on 3 or 4 already) and 4 DH reps. Two of the DH reps are well into the process, 1 has had 3 interviews and 1 looking. If it looked like a blood bath in Marketing, wait until they see what happens in the field. Oy vey!
 


I'd like to know where the above poster gets his/her information. They were spot on with the managers before they left.

I hope it's not true with the sales people.

I guess it's just a wait and see thing right now.
 


My lawyer said that courts view non-competes very unfavorably, meaning they don't like them. If you worked in marketing or some higher value position and held company secrets that could cause substantive damage to a company's future that is a different matter. The environment created by KC also puts them in a difficult position to defend from, e.g. - they're firing people frequently, putting people on 'plan' frequently and giving salespeople little choice and let's not forget the jobs market is less than ideal. All this said KC would not want to defend their position in court imo. They may want to scare you with a letter, but I think they would backdown if they received a letter from a lawyer (your lawyer) that sounded serious and easily laid out a reasonable defense.

Best of luck, go for it!
 


Completely agree with above. You just need to be sure if things are any better elsewhere. What is your relationship with your manager, his manager all the way up the chain. Having strong relationships with these people will definitely make things easier during a bad year. Everyone has a bad year too. Other companies may not have any tolerance for not meeting objectives.

Just weigh everything out before you make any quick decisions. It may be something you regret. Just want you to look at it from both ends. I don't disagree at all with the above poster though.
 


Anonymous said:
They will not go after you unless you are of value to the company. Personally, I don't think they value any of the salesforce so I wouldn't worry. Go take the other job if you get an offer.

The supply product manager left. Also, DR, RW, FM, JW, JP, EY. Should I go through the list of reps as well?

Should I fill you all in on who's leaving too?

The writing is on the wall. If you find a better opportunity take it. KC doesn't have much to offer.

No pension, what about stock options or stock awards? What is really the draw to stay here? Geez, they don't even want to pay you your commision every month, nor can they explain how you get paid. I had one month that my numbers were so ridiculously down and I got over $7,000 in commission (WTF) should have been a pay back month. Then four other months my numbers are way up and a few of those months I had to "pay back" the company or had checks under $500.
If it could be explained then perhaps people would understand. Business people like to know how they get paid. The company wants us to operate our territory as if we were running our own business.

All I know is that part of running your business is knowing what's coming to you.
Can you please explain?

It's such a shame. You have 2 VAP reps in the interview process (one has been on the first interview and the other has gone on 3 or 4 already) and 4 DH reps. Two of the DH reps are well into the process, 1 has had 3 interviews and 1 looking. If it looked like a blood bath in Marketing, wait until they see what happens in the field. Oy vey!
Click to expand...

See folks. I don't lie! Our newest casuality is LS. Don't worry Sam, things will be quiet for you on the west coast for a bit.

The northeast is a different story. Heads are going to roll when the two DH reps leave in the north. Third from down south. The perfect storm is brewing. As soon as those offers go out, They're GONE!

And for those nay-sayers.....perhaps I should post the names. Then again, it's so much fun giving small clues as to who is leaving. When you go back and look at the previous posts you realize that I was right.

I need to go buy a bag of popcorn. Darn, I wish I could DVR this entire scene. Can't wait to see this play out.

Oh by the way... Mr. Lowry....FUCK YOU!
 


Anonymous said:
See folks. I don't lie! Our newest casuality is LS. Don't worry Sam, things will be quiet for you on the west coast for a bit.

The northeast is a different story. Heads are going to roll when the two DH reps leave in the north. Third from down south. The perfect storm is brewing. As soon as those offers go out, They're GONE!

And for those nay-sayers.....perhaps I should post the names. Then again, it's so much fun giving small clues as to who is leaving. When you go back and look at the previous posts you realize that I was right.

I need to go buy a bag of popcorn. Darn, I wish I could DVR this entire scene. Can't wait to see this play out.

Oh by the way... Mr. Lowry....FUCK YOU!
Click to expand...

WOW, why do we keep losing all these people. Some very good people at that I might add?
 


Anonymous said:
See folks. I don't lie! Our newest casuality is LS. Don't worry Sam, things will be quiet for you on the west coast for a bit.

The northeast is a different story. Heads are going to roll when the two DH reps leave in the north. Third from down south. The perfect storm is brewing. As soon as those offers go out, They're GONE!

And for those nay-sayers.....perhaps I should post the names. Then again, it's so much fun giving small clues as to who is leaving. When you go back and look at the previous posts you realize that I was right.

I need to go buy a bag of popcorn. Darn, I wish I could DVR this entire scene. Can't wait to see this play out.

Oh by the way... Mr. Lowry....FUCK YOU!
Click to expand...

Oh mighty prognosticator,

So me and many others wonder if there is an overarching theme (or scheme) to KC mgt's ways of late re. these many people leaving/PIPs . . . Do you have a theory as to their grand plan, e.g. 1) getting rid of perceived poor performers only to replace them, 2) possibly getting rid of older workers???
 


Anonymous said:
Oh mighty prognosticator,

So me and many others wonder if there is an overarching theme (or scheme) to KC mgt's ways of late re. these many people leaving/PIPs . . . Do you have a theory as to their grand plan, e.g. 1) getting rid of perceived poor performers only to replace them, 2) possibly getting rid of older workers???
Click to expand...

Relax, all the reps that have left have left on their own accord. No one was forced out.

I do however think that there will be no more skating by as there has been in the past. Many reps have been here for years without making their number on a regular basis. I think there will be a higher level of accountability than before. Some reps will thrive under the pressure, some will cave and go elsewhere.
 


Don't kid yourself about the non compete agreements. If you go to work for a direct competitor of KC, they will litigate. It will result in you having to hire an attorney and KC has deep pockets. Also a right to work state means you are not required to join a union to work which does not apply to sales people
 


got a call from a rep who left recently- said he was given a copy of the non-compete in his K-C exit "package" paperwork! In a recent interview with a competitor he was asked about the non-compete from K-C and didnt get the job offer after making it tothe final 2...???
 


Anonymous said:
got a call from a rep who left recently- said he was given a copy of the non-compete in his K-C exit "package" paperwork! In a recent interview with a competitor he was asked about the non-compete from K-C and didnt get the job offer after making it tothe final 2...???
Click to expand...

You get a package of paperwork when you leave KC? Never heard of that.
 




Just got my job offer. Yahoo. Waiting for background check and drug screen process to finish before I give the word. Happy Days are here again. Probably have to wait until the end of next week or early of the following week. I have nothing bad to say about this place. It served its purpose for the time. Looking forward to my.new device gig. It just sucks about all the money I lost because of tracing issues.

Can't wait to put that behind me and NEVER have to deal with that again. A novel thought, you sell something and actually get paid for it.
 




Anonymous said:
They will not go after you unless you are of value to the company. Personally, I don't think they value any of the salesforce so I wouldn't worry. Go take the other job if you get an offer.

The supply product manager left. Also, DR, RW, FM, JW, JP, EY. Should I go through the list of reps as well?

Should I fill you all in on who's leaving too?

The writing is on the wall. If you find a better opportunity take it. KC doesn't have much to offer.

No pension, what about stock options or stock awards? What is really the draw to stay here? Geez, they don't even want to pay you your commision every month, nor can they explain how you get paid. I had one month that my numbers were so ridiculously down and I got over $7,000 in commission (WTF) should have been a pay back month. Then four other months my numbers are way up and a few of those months I had to "pay back" the company or had checks under $500.
If it could be explained then perhaps people would understand. Business people like to know how they get paid. The company wants us to operate our territory as if we were running our own business.

All I know is that part of running your business is knowing what's coming to you.
Can you please explain?

It's such a shame. You have 2 VAP reps in the interview process (one has been on the first interview and the other has gone on 3 or 4 already) and 4 DH reps. Two of the DH reps are well into the process, 1 has had 3 interviews and 1 looking. If it looked like a blood bath in Marketing, wait until they see what happens in the field. Oy vey!
Click to expand...


So what happened with pension? When did they get rid of it? I'm going through the interview process. Do they give stock options or stock awards? Benefits any good?
 


you all don't get it. Nobody cares if the salespeople leave. If the entire salesforce quit tomorrow, the positions would all be filled within a month. This is our culture, and the culture of a 110 year old company. You are here one day, gone the next and then replaced. You become an obscure name on the list of the millions of people who have worked here over the years. If you don't like it, get out. Look out for yourself and your family. The same way upper management looks out for themselves.Upper management has proven time and time again that you do not matter in the cosmic scheme of life.
 


Anonymous said:
So what happened with pension? When did they get rid of it? I'm going through the interview process. Do they give stock options or stock awards? Benefits any good?
Click to expand...

Medical benefits are somewhat decent. No options or shares for the sales people. Only upper management and execs. No pension but 401k 100% matching contributions up to the first 4%.
Profit sharing as well. It's really a decent job. High base pay but performers really don't care about a high base.
 


Anonymous said:
Medical benefits are somewhat decent. No options or shares for the sales people. Only upper management and execs. No pension but 401k 100% matching contributions up to the first 4%.
Profit sharing as well. It's really a decent job. High base pay but performers really don't care about a high base.
Click to expand...


First, a company that has a high base pay probably has shitty commissions. No pension? A lot of companies still offer one. No stock options or shares? Is the above person joking? A real device company has a low base with a high uncapped commission. Pension in many of the companies and all offer stock option to their employees. It doesn't sound like to much of a bargain to me. 401K with 4% company match? It should be at least 6%.
Is the company culture at least good? That would be its only saving grace.
 



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