Q: A comparable program has cropped up on our very own campus and several of our instructors have decided to teach the exact same classes for this other program. Do you have any guidance on whether or not we should have our instructors sign a non-compete agreement? If so, do we limit it to organizations on this campus or do we extend it to comparable programs across town?
A: This is an awkward situation. A non compete agreement is a contract between an employee and an employer, where the employee agrees not to enter into competition with the employer after s/he terminates employment.
A non compete agreement is typically in effect for a certain period of time after employment ends.
There are issues regarding whether non compete agreements are legally binding. There isn't a simple answer. It varies from case to case, and can depend on state law, on how restrictive the agreement is (how much limits someone from working in their field or location), and on what the employer construes as competition. In some states (California), non-compete agreements are un forceable. Additionally, courts generally place a high value of the rights of an individual to earn a living, so these kinds of agreements, in the typical sense, often are overturned when challenged in court.
In your situation, your instructors have essentially the same employer. This is just one more complication. It might be more useful to work with your institution to clarify roles of different areas within the institution, establish guidelines for internal competition, and establish limits on duplication of programming.
My sense is that there is unhealthy competition internally and this is not going to be resolved by non-compete agreements. You could ask instructors to sign them, and it might deter them from leaving your program to teach for another program within your institution, but I think this is something you should discuss with higher level administration and work toward creating a policy that would eliminate this kind of unproductive competition.
Questions
Non-Compete Agreements
Jun 11, 2018 10:43:52 PM
by
Jordan Kivley
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