For those of you that have recently received separation paperwork…did you have to sign a non-compete agreement? I leave later this year but won’t receive the final paperwork and release agreement until 1 week before. My preliminary paperwork says I might have to sign an agreement at company’s discretion. I’m not in sales if that helps at all. Anybody know the details? If you had to sign one, how long was it for?
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Litigation about a Fiserv noncompete:
https://www.courtlistener.com/docket/62589637/rogers-v-fiserv-inc/
In practice, Fiserv rarely attempts to enforce a noncompete since legal action could create adverse precedents. Getting a waiver of a noncompete, however, is almost impossible. Fiserv agreed to waive my non compete after my lawyer told Fiserv she was confident that I would prevail and establish a precedent that Fiserv's noncompete was unenforceable in my state.
The higher you are, the more vindictive the company enforces the agreement.
non-compete would only be enforced at director and above levels and in that case there is a non-compete tied to any RSU grant that was accepted and is enforceable even if you don't sign the separation agreement.
Before you sign that non-compete, you should go on LinkedIn and look up an atty named “Jonathan Pollard” and ask him. Or any atty. On one hand, the non compete agreement may not be enforceable (many aren’t), so easy to sign - on the other it may be.
Make sure you get any equity if you have it. Don’t stress about the non compete but don’t blast it on LinkedIn if you violate. Just be low key until it expires
After I retained an attorney, Fiserv agreed to waive my noncompete. It helped that the agreement was likely unenforceable in my state.
Yes there is a non-compete in both the severance paperwork and in the FSU agreement as last post mentions. Also Fiserv enforces pretty rigorously.
There is a also a noncompete in the standard RSU grant agreement.
I left a couple of years ago through a layoff and there was no non-compete that I had to sign.