Site Search:
 
Speak Korean Now!
Teach English Abroad and Get Paid to see the World!
Korean Job Discussion Forums Forum Index Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Non-Compete Clause

 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum
View previous topic :: View next topic  

Would You Sign a Non-Compete Clause in an ESL Contract?
Yes. If the benefits were right and I really liked the job.
14%
 14%  [ 1 ]
No Way! That's way to intrusive and there are way too many other jobs available.
85%
 85%  [ 6 ]
Total Votes : 7

Author Message
tremazing87



Joined: 18 Apr 2011
Location: Washington, DC

PostPosted: Mon Jun 20, 2011 12:22 am    Post subject: Non-Compete Clause Reply with quote

I recently received a contract from a school and it had a clause I didn't really like.

Quote:
Upon conclusion of employment, Employee shall not engage in similar employment for any competitor of (anonymous school), or create or participate in creating a similar entity to (anonymous school), within the Republic of Korea for a period of three years.


How common is this? I asked for it to be changed and I haven't heard back yet. What bothers me is the vagueness of it. What kind of place is considered a competitor? Honestly, any other ESL program in Korea could technically be a competitor. Do they expect me not to teach ESL in Korea for 3 years, even after the successful completion of my contract?

I could almost understand if I bolted mid-contract. Almost. Non competes are common in some lines of work, like broadcast news. With them, you cant leave mid-contract to work for a competitor unless they are in one of the top few markets in the country, like New York or Los Angeles. With a teaching position, this kind of clause seems ridiculous. Also, how would they enforce this kind of clause? Would they sue me?

Like I said, I asked them to remove that part of it but honestly I would like the whole thing gone. I really like this place and everything else seems pretty great. I would hate for this to be the deal breaker.
Back to top
View user's profile Send private message
koreatimes



Joined: 07 Jun 2011

PostPosted: Mon Jun 20, 2011 12:40 am    Post subject: Reply with quote

You have a legitimate concern here, but I think Koreans are just more paranoid about people stealing their students. It seems like a really small issue and it would be very hard for the school to prove students left because you are at another school. They would all have to sign up at that other school and join only your class. Do you plan on this happening? Laughing
Back to top
View user's profile Send private message
tremazing87



Joined: 18 Apr 2011
Location: Washington, DC

PostPosted: Mon Jun 20, 2011 12:48 am    Post subject: Reply with quote

I think this place is more concerned with teachers stealing their curriculum rather than their students. This clause was in the confidentiality section of the contract. My main concern is to what the school can actually do if I do take a job with a competitor after i finish my contract. I'm really not in the mood to get sued any time soon.
Back to top
View user's profile Send private message
different



Joined: 22 May 2003

PostPosted: Mon Jun 20, 2011 1:24 am    Post subject: Reply with quote

I don't know if they could enforce that. Anyone know?

If they could enforce it, it's an offensive clause. The fact that the company contract has such a clause should make you very uncomfortable about working there.

Is this CDI/CDL by any chance?
Back to top
View user's profile Send private message
tremazing87



Joined: 18 Apr 2011
Location: Washington, DC

PostPosted: Mon Jun 20, 2011 1:31 am    Post subject: Reply with quote

It's not CDI/CDL. I don't really feel comfortable saying what it is but I'll say it's not a Hagwon and it's not a PS so you can take a wild guess.
Back to top
View user's profile Send private message
littlelisa



Joined: 12 Jun 2007
Location: Seoul

PostPosted: Mon Jun 20, 2011 1:47 am    Post subject: Reply with quote

Hm.. is it an immersion elementary school?

I was working for one and moved to another and they tried to stop us/tell us we couldn't, but finally they couldn't, and I switched to another. I wonder if they tried to put in a noncompete clause. I hear last year they also had almost all their staff move to another immersion school. I wouldn't normally give them credit for thinking up an idea like this, but if any place I know would fit this... they'd certainly have reason enough to want to put it in, I guess. They also wouldn't be likely to be recruiting quite so early either, though.

I would be loath to sign it unless it was an opportunity you wouldn't normally get, teachers who teach there and who have taught there and left say they won't screw you around with it, and also have them be more specific about what is a competing school.
Back to top
View user's profile Send private message
Yucca Girl



Joined: 03 Jul 2010

PostPosted: Mon Jun 20, 2011 7:32 am    Post subject: Reply with quote

If it's not a hagwon or public school, then it could be a university or an international school. If it's an international school, I would be extremely wary of this clause. I can think of a small, international school that might want to include a clause like that in their contracts due to their issues with high staff turnover. The turnover is partly because people quit and partly because they have a tendency to fire people abruptly without cause. I can definitely see them wanting to prevent people from staying in the country in either of those cases.

Maybe you can have that clause removed from the contract? It seems extreme. If they are reluctant to remove it or clarify it, then I definitely think that is a red flag that would make me think twice about working with them.
Back to top
View user's profile Send private message
Rocktek



Joined: 17 Dec 2009
Location: South Korea

PostPosted: Mon Jun 20, 2011 8:52 am    Post subject: Reply with quote

This is boilerplate stuff for private adults classes (or after-school progs) through agencies or otherwise...... They are obviously trying to prevent you from taking the contract from them directly. Obviously.

I don't know how enforceable it is, but I guess it depends on the parties involved, and how much money is at stake.

I've never signed one of these contracts, and hopefully never will, but I know it has becomes a necessary evil for some.
Back to top
View user's profile Send private message
tremazing87



Joined: 18 Apr 2011
Location: Washington, DC

PostPosted: Mon Jun 20, 2011 10:43 am    Post subject: Reply with quote

I noticed something else. On the signature page it says,

Quote:
The Contract will commence when the Employee begins his/her term of employment at the place designated by (anonymous school). Unless renewed by both parties, the Contract will terminate 1 year after the Employee's first day of employment.


Doesn't this basically make ANYTHING in the contract null and void after the completion of the contract, including the non-compete clause? If they tried to enforce this, could I counter with this clause?
Back to top
View user's profile Send private message
smeggysmeg



Joined: 02 Jun 2009

PostPosted: Mon Jun 20, 2011 1:20 pm    Post subject: Reply with quote

I would run away from that contract and not look back.

If the specific line in the contract specifies that it applies post-employment, then the end of employment would not negate the clause.
Back to top
View user's profile Send private message
nathanrutledge



Joined: 01 May 2008
Location: Marakesh

PostPosted: Mon Jun 20, 2011 4:52 pm    Post subject: Reply with quote

tremazing87 wrote:
I noticed something else. On the signature page it says,

Quote:
The Contract will commence when the Employee begins his/her term of employment at the place designated by (anonymous school). Unless renewed by both parties, the Contract will terminate 1 year after the Employee's first day of employment.


Doesn't this basically make ANYTHING in the contract null and void after the completion of the contract, including the non-compete clause? If they tried to enforce this, could I counter with this clause?


I'm sure the governing language is Korean and the English translation is provided as a courtesy, and the use of the word "terminate" is just a poor choice of words - they are referring to your employment ending, not the contractual agreements.

Yeah, I wouldn't sign that contract.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum All times are GMT - 8 Hours
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International