Why most Non-competes don’t mean Shit

Non-compete agreements don’t Mean Shit!

Harsh title. OK, a bit. If the language bothers you then you’ve got bigger problems than your non-compete clauses/agreements.

You see, non-compete clauses in Employment agreements are described in all kind of terms by candidates. SHIT! is tea party dialogue compared to the adjectives used. If you ever want to see a Sailor blush then ask a candidate to describe their non-compete clause.

What they are annoyed at, scared of, frozen with fear with – to leave or to join a company – is the perceived knee capping effect that specific clause would have. It all comes down the wording used and sometimes Candidates envision themselves being presented with a “pre-nup” after a warm and fuzzy courting process. I love you honey and I can’t wait to spend my life with you…but if you cross me I’ll bury you in the backyard like a squirrel burying his nuts. Dig, dig, look around, look around again, bury.

There are even mentions of some Company owners saying that they would help blackball a candidate if they decided to leave their company. Nice intimidation based Management style. Why do YOU make me soooo ANGRY! Call me, call me, CALL ME.

Instead of projecting negativity, they should focus on positives:

The point of the non-compete clause in a nutshell (pun intended) is to protect the valuable assets of the Company/Employer – business contacts, business practices, proprietary technology, etc.

The problem is that most of the agreements in the Performance Marketing space wouldn’t hold up, don’t mean shit and just showcase a massive distrust in Employees. The main reasons why they won’t hold up are that 1) We work in the digital space and physical restrictions rarely apply and 2) most positions within the industry are considered specialties and it’s very difficult to deny someone (with a specialty) the right to earn a living. The combination of both would make a lot of heavy handed non-compete clauses non-enforceable.

That is why a good chunk of the veteran companies in our space fully expect their Employees to work for a competitor at some point – and it’s likely that they were recruited from a competitor to start.

Here’s a fun Six Degrees of Kevin Bacon type of game for you:

If you check out the work history of experienced candidates in the Affiliate / Performance Marketing space then you will notice quite a few similarities. One is that they have changed jobs multiple times over a 5-10 year period, that they typically go to a direct or indirect competitor that specializes in some form of CPA Marketing when they switch jobs and that at some point they worked for Azoogle / Epic Direct or worked with someone that worked at Azoogle / Epic Direct.

For Employers and Candidates I recommend that you read this recent article that I noticed on LinkedIn. After reading it, I hope that the emphasis in agreements is placed on protecting your current client base vs. trying to knee capping a trusted contributor to our industry. We’re only as strong as the Talent in our Industry. The quickest way to grow is to have motivated, happy Talent.

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We’re focused on growing OUR industry ONE Company and ONE Candidate at a Time.