What is the alternative to non-compete agreement?
Hi,
I had joined the sales team of a startup over half a decade ago and during the time of joining I had signed the offer letter which had a brief clause on non-compete/solicit which would be valid for next 1 year from the last date of of my employment. I recently moved out the company and on the last day of my employment I was asked to follow all the exit formalities, which I diligently did, and for the purpose of data/client privacy the company further wanted me to sign a two-page non-compete/solicit agreement with multiple clauses which will be valid for next 1 year from the last working date. Having read the agreement carefully I noticed that one of the sub-clauses states that I cannot " contact, solicit any of the Company’s clients, customers or business associates for the purpose of selling or attempting to sell any products and / or services that are the same as or substantially similar to the products and services provided by the Company." My major concern is that such a clause makes me irrelevant in the similar-industry job market as it prevents me from leveraging my professional network and contacts which is one of the big assets of a sales professional. Also, the company has recently expanded into multiple business units/lines, say B and C, and such a clause could further prevent from me contacting any potential client who may have only availed products/services from business unit A of the company and not from B and C, nor have I worked in the B and C business units/lines of the company.
I have proposed minor changes in the clauses and to reduce the tenure of this agreement however the HR team has denied stating its a standard document/process followed by the company which cannot be changed. Plus no consideration/money will be provided for signing this agreement, nor are they OK with me signing a NDA as a alternative to the proposed non-compete/solicit agreement. I have denied signing the agreement as it is and now the company has withheld my relieving/experience letter and due payments (not salary).
Can someone suggest me how should I go about this as the company is reluctant to any amendments in the agreement and I need my letters and payments that are long due? Looking forward to your response and guidance. Thanks!
P.S. I am already out of the company for over a month now