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Feature: 'Non-Disclosures & Non-Competes: To Sign Or Not To Sign?'

In today's main Gamasutra feature, game industry career specialist Marc Mencher advises job seekers to carefully consider and read before signing an NDA or non-compete ag...

Simon Carless, Blogger

March 9, 2006

1 Min Read
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In today's main Gamasutra feature, game industry career specialist Marc Mencher advises job seekers to carefully consider and read before signing an NDA or non-compete agreement upon taking that new job. Mencher points out of the agreements, which have led to legal tussles more than once recently: "These agreements are fairly common in the video game industry, especially if you're a job seeker since they are more likely to be asked to sign one than those who are currently employed. Your decision should really be based on how badly you want -- or need -- the job. For once it's signed, you're bound by its terms if you leave the company for any reason. The story often begins on the date of hire when an employer requires an employee to sign on the dotted line as a condition of employment. Employers and employees have a natural conflict of interest on the subject of agreements. The employer thinks it's unfair competition when a former employee -- using the skills, training, and information they acquired from the employer -- takes a job with a competitor. The employee, on the other hand, usually wants to negotiate more favorable terms but seldom has the clout to do so. Remember that the best time to negotiate these issues is when you're first being hired, not after you've accepted the job." You can now read the full Gamasutra feature on the subject, including plenty more on the advantages and pitfalls of signing such agreements (no registration required, please feel free to link to the article from external websites).

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2006

About the Author

Simon Carless

Blogger

Simon Carless is the founder of the GameDiscoverCo agency and creator of the popular GameDiscoverCo game discoverability newsletter. He consults with a number of PC/console publishers and developers, and was previously most known for his role helping to shape the Independent Games Festival and Game Developers Conference for many years.

He is also an investor and advisor to UK indie game publisher No More Robots (Descenders, Hypnospace Outlaw), a previous publisher and editor-in-chief at both Gamasutra and Game Developer magazine, and sits on the board of the Video Game History Foundation.

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