Non-compete agreement as part of RA package in US?

I'm part of the global markets RA, last date 2/15/21. Recently received a Statement of Understanding that references a non-compete agreement. Is this seriously how IBM does it's employees? Any experience with this? Here is the text.

"I understand that for the time period designated in my Agreement, following the termination of my employment, I will not directly or indirectly: a) hire, solicit or make an offer to any employee of IBM to be employed or perform services outside of IBM; or b) solicit for competitive business purposes any customer of IBM with which I have been involved as part of my job responsibilities during the last year of my employment with IBM. I acknowledge that IBM would suffer irreparable harm if I fail to comply with the Agreement."

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There is one advantage to taking "Retirement" over a straight RA. It allows you to start taking distributions from your IBM 401(k) without penalty, if you need to.

Don’t sign the form... the 30 days pay is chump change compared to the rights you give up. If you are over 45, not the highlighting of the age discrimination clause suits they keep you from filing and joining. I did not sign. These clause are much more enforceable when you take money for signing them ( ie the 30 days pay). The bridge to cobra is worthless as cobra is horribly expensive, and so is the clause on retiring as that is just the ability to say you retired vs were laid off... they cannnot take your 401k, fha, pension, vacation pay, if you do not sign.

The only thing this does is prevent you from taking your coworkers and clients to your new employer.

I had a client actually try to follow me within one week of starting at the new company.

This is only about hiring IBM employees and stealing IBM customers. I don't see anything which would prevent you from working at a competitor.

Pretty light touch, I'd say.

Fun story: I received something like this when I left Oracle... after they'd paid me everything they owed including unused vacation and vested options. My reply was basically "Ha ha, no."

IBM is so full of bulls**t.. this is just another example

Won't hold in court, it's ashame they even ask you to sign it. How about business ethics in accordance to your own business conduct guidelines. If they RA you, you have every right to take whatever kind of job so you can put food on the table. Ask them then to come up with a year salary :) in their face. All RA-ed IBM-ers deserve better. Good luck and take care!

It’s very well known in the HR space that non competes are unenforceable unless it’s at the CEO level or you have trade secrets knowledge. Ignore it.

If you have an emergency savings fund, don't agree to an RA. Get outright fired so you don't fall under the non-complete cluase. Always be prepared to jump. Especially at IBM.

wait, can you get laid off and they can still keep you from a competitor ?

here in Austin there is a mad rush to AMD and Nvidia if they will take you. AMD is loaded with ex-ibmers including CEO and VPs.

If I get laid off, are you saying I can not walk over to AMD ?

boiler plate severance agreement language by many companies

As a follow up to this, I never signed a non-compete as part of employment with IBM. Now it seems they want to slide it in last minute.

Thread regarding IBM layoffs

Non-compete agreement as part of RA package in US?

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