Will they enforce garden leave on me?

Currently a quant at a smallish hedge fund in NYC. Decided that I want to switch field, so got an offer at a tech company. When joining the hedge fund, I signed an offer agreement which stipulates that they have the right to enforce 1 year garden leave. Will they do that and if so is this enforceable, given that I am moving to a completely industry?
 

My current firm is fairly small and I carry a lot of responsibilities so my leaving would definitely be a very unexpected and negative impact. Hence I am worried that they will react very negatively to my resignation and stick me with the garden leave. 

 

Use common sense. Non-competes are meant to keep you from using what you learned/developed at your currrent employer for the immediate benefit of a direct competitor. Since tech is not a competitor, the non-compete shouldn't apply.

To be 100% sure, call up an employment lawyer to interpret the contract for you, will run you only a few hundred $ and give you peace of mind.

 

Not legally trained, but if you look carefully at your non-compete clause it should state that the garden leave is only relevant when you work for a competitor/relevant business. In many countries/state, the non compete is deemed unreasonable and void if they do not specify the scope for competitors/relevant businesses. Obviously it would be a stretch to consider a "tech company" as one. 

Are you seriously asking or is there more than you are letting on?

 
Most Helpful

No, the non-compete is not enforceable if you're switching to the tech industry. No court would uphold that. I also have to assume that because your firm is small, they don't want to bother with the cost and time of arbitration.

To derisk the situation, you could:

  1. Retain a lawyer, as MMPM advised.
  2. Be upfront with your manager about wanting to switch industries. There's very little downside here. You aren't going to a competitor, so you aren't going to burn any bridges, and I'm assuming your bonus was paid at EOY, so you aren't leaving money on the table.
  3. When you do resign, be positive and leave a good impression. Tell them that you enjoyed your time with the firm, but that you want to switch industries to continue your learning experience elsewhere. Make it clear that you have nothing but positive things to say about the firm and your experience.

I've seen this exact playbook work multiple times for analysts choosing to switch industries. In short, don't give the firm a reason to be petty.

 

Agree. Try to be flexible about facilitating the transition. Maybe stay for a month or so to ensure things are in order after you're gone. That will go a long way in earning you goodwill too, as surprising as your departure might be to them.

 

Curious if anyone can speak from experience / anecdote on being comped during your non-compete period if you switch industries? Generally from my experience, you're paid your base (or a predetermined % of your base) during the time you have to sit out your non-compete. 

So, is it possible to work for a different industry in that period (so not in violation of your non-compete), while still collecting the pre-determined non-compete comp from your prior firm? Meaning you end up collecting a double base salary during that period

 

You will only get paid for "non-competing" if you are sitting at home not working at all because they decided to enforce the non-compete.

If you are working in some other industry, why in the world would they owe you anything?

 

The compensation holds even if you are not heading to a competitor. Reason being that your non-compete period itself is a liability/factor in getting hired at a competitor. 

Imagine this. Both candidates A and B, perceived to be of comparable calibre apply for a seat at a leading fund. A can only join the fund 12 months later due to his nc, whereas B has served out his nc and can start work immediately. Do you think their nc has no bearing on their chances at all?

 

If they enforced the garden leave, they would: 

(a) have to pay you (assuming its paid like most are), which is a waste of money if you aren't doing anything competitive. If it is a small firm, unlikely they would be willing to pay unless there was real concern of IP infringement. 

(b) spoil relations with you and hurt their reputation. It is a small world, there is no reason to take this risk, as long as there is no real concern of IP infringement. 

Doesn't seem likely for them to do something like this just out of spite. 

 

There are a few firms that are notorious for pursuing non competes even if you are going to a different type of job. They may not have any case but can still create stress and take up your time. Most firms, especially smaller ones, are less likely to bother though.

 

Nisi impedit necessitatibus laboriosam voluptates. Eum maiores et omnis ut assumenda. Pariatur vitae beatae ea nobis.

Ut minima et et nam quis optio. Voluptatem eos voluptate voluptas tempore quia.

Neque et expedita distinctio quaerat ex saepe. Debitis magnam vel sapiente eum aut numquam.

Harum impedit commodi et sapiente ut et. Animi adipisci et et non exercitationem quibusdam qui similique. Ipsa quia temporibus quibusdam. Atque qui eaque consectetur sint repellat culpa cum. Iste quia velit aut dicta enim ab est.

Career Advancement Opportunities

May 2024 Hedge Fund

  • Point72 98.9%
  • D.E. Shaw 97.9%
  • Citadel Investment Group 96.8%
  • Magnetar Capital 95.8%
  • AQR Capital Management 94.7%

Overall Employee Satisfaction

May 2024 Hedge Fund

  • Magnetar Capital 98.9%
  • D.E. Shaw 97.8%
  • Blackstone Group 96.8%
  • Two Sigma Investments 95.7%
  • Citadel Investment Group 94.6%

Professional Growth Opportunities

May 2024 Hedge Fund

  • AQR Capital Management 99.0%
  • Point72 97.9%
  • D.E. Shaw 96.9%
  • Magnetar Capital 95.8%
  • Citadel Investment Group 94.8%

Total Avg Compensation

May 2024 Hedge Fund

  • Portfolio Manager (9) $1,648
  • Vice President (23) $474
  • Director/MD (12) $423
  • NA (6) $322
  • 3rd+ Year Associate (24) $287
  • Manager (4) $282
  • Engineer/Quant (71) $274
  • 2nd Year Associate (30) $251
  • 1st Year Associate (73) $190
  • Analysts (225) $179
  • Intern/Summer Associate (22) $131
  • Junior Trader (5) $102
  • Intern/Summer Analyst (250) $85
notes
16 IB Interviews Notes

“... there’s no excuse to not take advantage of the resources out there available to you. Best value for your $ are the...”

Leaderboard

1
redever's picture
redever
99.2
2
Betsy Massar's picture
Betsy Massar
99.0
3
Secyh62's picture
Secyh62
99.0
4
BankonBanking's picture
BankonBanking
99.0
5
GameTheory's picture
GameTheory
98.9
6
kanon's picture
kanon
98.9
7
dosk17's picture
dosk17
98.9
8
CompBanker's picture
CompBanker
98.9
9
bolo up's picture
bolo up
98.8
10
Linda Abraham's picture
Linda Abraham
98.8
success
From 10 rejections to 1 dream investment banking internship

“... I believe it was the single biggest reason why I ended up with an offer...”