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TLDR of my comment: always ask to see employment agreements you'll have to sign before accepting an offer and resigning from your (now current) company, otherwise you may not know what you'll be expected to sign until your first day.

In response to several comments stating or implying that you can simply not sign or negotiate a non-compete, I agree, but I think it's worth pointing out that, at least in my experience with several (East Coast) companies (I have no experience with Amazon), none of them sends you a copy of their non-compete with your offer letter. What I have always seen happen, instead, is that after you've fully resigned your previous employer and show up for your first day of work at the new company, HR hands you a stack of 100-200+ pages of employee handbook, travel policy, IT policy, etc., and various employment agreements, requiring you to sign all the documents before you can start working. Buried in there may be a non-compete, potentially disguised as another type of agreement. Yes, you're free to read them all (and you should), and you're free to reject them. But if you reject them you're rejecting the job, and now you're stuck with no income until you find another job. Admittedly I think that's better than agreeing to a bad non-compete which could last a lot longer than the time to find a new job, but it's not an easy thing to do.

I strongly recommend what I do now: after receiving and before accepting an offer even verbally, request to see all employment agreements that I'll have to sign upon starting with a new company. All have been fine with sending them to me (and if not I would immediately reject), but I would not have known about them and had time to review them if I hadn't asked in advance.

One company I interviewed with years ago, which had a terribly restrictive non-compete that I rejected, took the attitude that: 1. I had nothing to worry about because they said verbally they'd never enforce it. 2. I had to sign it anyway because everybody has to sign it, no exceptions (but their verbal assurance of non-enforcement should be good enough for me). 3. They questioned my integrity and belittled my concern because (in their words) I was planning to leave the company before I'd even started. Glad I avoided that company - with that attitude, probably would have been a terrible place to work. Back then (unlike today) I'm not sure I would have had the self-confidence to fight that fight on my first day.



1. I had nothing to worry about because they said verbally they'd never enforce it. 2. I had to sign it anyway because everybody has to sign it, no exceptions (but their verbal assurance of non-enforcement should be good enough for me)

First, I feel your pain here, word for word. I didn't have the same experience as you did in clause 3, but clause 1 and 2 were exactly as I've experienced.

I'd like to say this means we were dealing with the same company but I know we probably weren't.

Second, IANAL, but there is a difference in case-law between making someone sign a non-compete as part of a job offer, and having someone sign a non-compete as part of continuing employment. I'd try to argue that making you sign an agreement on your first day counts in the latter class. But IANAL.

Also, dropping an IP agreement on someone after they quit their old job is unconscionable.


As you mentioned, this should be done before you accept the offer, but whether you do it before or after accepting the offer, I recommend sending back an amended non-compete rather than rejecting outright. Treat the non-compete or any other agreement as a negotiation in good faith, and so will many companies.




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