Would You Do This? (Job Offer)

Business By mombabytiger Updated 6 Nov 2010 , 4:08am by jason_kraft

mombabytiger Posted 6 Nov 2010 , 12:03am
post #1 of 10

A kitchenware store is offering wedding and specialty cakes. (They have a kitchen in the back). They are trying to hire cake decorators. The "bakery" bakes the cakes and the decorator just comes in and...decorates. Then they get a portion of the cake cost. The decorator gets to put her name on the finished product.

But - every decorator has to sign a non-compete contract stating that she will not do ANY cakes outside of the store. She (or he) can only do cakes there.

What do you all think?

9 replies
CWR41 Posted 6 Nov 2010 , 12:37am
post #2 of 10

That's what a non-compete clause does... limits what you can do on the side as in moonlighting or working for another during the non-compete period. It needs to be signed, if you want the job.

They can't control what you do for your own family at home, it just limits you from being a competetive threat if you're charging for your services elsewhere or possibly sharing their trade secrets.

LaurenLuLu Posted 6 Nov 2010 , 2:30am
post #3 of 10

Not worth it. What happens when business is slow and they limit decorator hours? You're screwed. Hard.

jo3d33 Posted 6 Nov 2010 , 2:43am
post #4 of 10

Nope. I wouldn't do it.

jason_kraft Posted 6 Nov 2010 , 3:06am
post #5 of 10
Quote:
Originally Posted by LaurenLuLu

Not worth it. What happens when business is slow and they limit decorator hours? You're screwed. Hard.



Not really...OP could just quit the decorating job, assuming the noncompete terminates when the employment is terminated (if not, it is probably not enforceable).

If you need the job and/or experience, I would absolutely take it, unless you are also planning to ramp up your own cake decorating business at the same time.

karabeal Posted 6 Nov 2010 , 3:18am
post #6 of 10

Noncompete law varies from state to state. Jasonkraft is correct that in California noncompetes are usually not enforceable after the employment ends. However, California has some of the most pro-employee laws on this topic in the country and Virginia is likely to be more pro-employer in this regard. If you are even considering signing this non-compete, show it to a lawyer in Virginia and find out how what the true consequences to you could end up being. Maybe it is a "gentle" non-compete and you wouldn't sacrifice too much current or future business by signing it. But some non-competes are super harsh, and in some states those are still enforceable.

-K8memphis Posted 6 Nov 2010 , 3:18am
post #7 of 10

I would take it because it's work. I mean it's an easy out when people bug you about doing a cake. It is insane to work in a shop and do cakes form home due to the fact that most cakes are needed on the weekend. And that not only makes you working 2 jobs it generally makes you work 2 jobs simultaneously and it is truly clearly insane. I'd sign it & do it in a heart beat if the money was right.

CocoaBlondie Posted 6 Nov 2010 , 3:21am
post #8 of 10

sounds a little to limited to me. I wouldn't do it

-K8memphis Posted 6 Nov 2010 , 3:24am
post #9 of 10

I mean come to think of it I have done that. I agreed verbally--there was nothing in writing but I agreed to not do other cakes while employed at a certain shop. It's no big deal.

jason_kraft Posted 6 Nov 2010 , 4:08am
post #10 of 10
Quote:
Originally Posted by karabeal

Noncompete law varies from state to state. Jasonkraft is correct that in California noncompetes are usually not enforceable after the employment ends.



Noncompetes are never enforceable in CA, except in very limited situations such as the sale of a business or the dissolution of a partnership.

Quote:
Quote:

However, California has some of the most pro-employee laws on this topic in the country and Virginia is likely to be more pro-employer in this regard.



VA is actually relatively pro-employee, there are several reasons a non-compete can be thrown out (see link below):
http://www.employmentlawgroup.net/Articles/ROswald/DefendingNonCompete.asp

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Quote:

If you are even considering signing this non-compete, show it to a lawyer in Virginia and find out how what the true consequences to you could end up being.



I agree, if and only if the contract extends the noncompete period past your termination date. If the noncompete ends when you quit, and you don't intend to decorate cakes on the side while you're working there, you have nothing to worry about.

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