NCA Agreements: What Copy Editors and Writers Need to Know
NCA agreements, also known as non-compete agreements, are legal contracts that restrict employees from working for a competing company or starting a competing business in a certain geographic area for a certain period of time after leaving their current employer. As a copy editor or writer, it is important to understand the implications of NCA agreements for your career and your work.
Why Do Employers Use NCA Agreements?
Employers use NCA agreements to protect their business interests, such as confidential information, trade secrets, and customer relationships. By restricting employees from working for competitors, employers can prevent them from using the knowledge and skills they gained from the company to benefit the competition. NCA agreements can also deter employees from leaving the company or joining a direct competitor, which can be particularly important in industries with high turnover and a limited pool of skilled workers.
What Are the Risks for Employees?
NCA agreements can limit employees` career opportunities and earning potential, as they may be prohibited from working in their field or in certain locations. They can also prevent employees from pursuing new business ventures, consulting opportunities, or freelance work for a specific period of time. NCA agreements can be particularly detrimental to workers in small or niche industries, where there may be few non-competing employers or alternative career paths.
What Should You Look for in an NCA Agreement?
Before signing an NCA agreement, it is important to carefully review the terms and seek legal advice if necessary. Here are some key factors to consider:
– Duration: How long does the NCA agreement last? Generally, agreements that last for longer than a year are considered more restrictive.
– Geographic scope: Where are you restricted from working? Is the scope of the restriction reasonable in relation to the industry and the employer`s business interests?
– Scope of activities: What activities are you restricted from engaging in? Is the scope of the restriction reasonable and specific to your role and the employer`s business interests?
– Consideration: Are you receiving something of value in exchange for signing the NCA agreement, such as a signing bonus or extra compensation during your employment?
What Can You Do if You are Subject to an NCA Agreement?
If you are subject to an NCA agreement and wish to pursue work in a competing field or location, you may be able to negotiate with your employer to modify or waive the agreement. If your employer is unwilling to do so, you may need to seek legal advice to determine your options for challenging the agreement.
In Conclusion
NCA agreements can have significant implications for employees in various fields, including copy editing and writing. It is important to carefully review and consider the terms of an NCA agreement before signing, and to seek legal advice if necessary. As with any legal contract, it is better to be informed and prepared than to face unexpected consequences down the line.