How does Bridgewater Associates conduct due diligence on whether a position an employee is offered at a different company is considered "competitive"?
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A friend who works at Bridgewater recently received an offer to join a big bank's asset management department as a tech developer. His non-compete agreement states that he can join businesses with multiple lines of business (including asset management) as long as he doesn't provide services to the asset management business. His specific project won't be related directly to asset management but it is still under the asset management umbrella. How does Bridgewater ensure that the position that a current employee is offered will actually provide services to a business that it considers "competitive"? Interested in details like whether they call hiring managers/recruiters, look at job descriptions/offer letters, etc.
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Answer:
I do not know Bridgewater's specific clause or policies. I do know, from having worked for large corporates as an employee and as a senior manager, how these things work in general. Such a clause is in there for two reasons: first, to deter employees from abusing knowledge and information that is proprietary to their employer and its clients. Secondly, to have recourse on them in case they do. So as Patricia has pointed out already, the more senior you get, the more likely the company will track what you do. Ways in which I did that is by staying in closer touch personally with relevant accounts and former team members to see whether anything untoward was happening. And I told the departing person so. I've only ever had to enforce a clause once. The best way is to just have it assessed by legal counsel and to have an open conversation with direct line management. By just being open, you can usually address any concerns or even reach formal written understanding.
Martijn Sjoorda at Quora Visit the source
Other answers
Non compete clauses are actually quite difficult to enforce unless you walk over to a direct competitor with your client list or with some sort of secret formula you have been working on. I don't know, of course, how aggressively Bridgewater might pursue litigation but generally the less senior the position the less likelihood a person would face any sort of penalty.
Patricia Pitsel
He should look at his contract once more. Usually a non compete agreement goes with a certain sum of money for a certain number of months. One of the partner of my firm that left the company wished it was used for him, but even him couldn't make the company pay that sum of money. Unless he is very senior or in contact with very secret technology, this agreement won't be enforced.
Adrien Gagarine
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