Ties that Bind
In the summer of 2016, Adam Merberg was offered a job as a data scientist at AbleTo, a behavioral health care company based in New York City. After he verbally accepted the job offer, a corporate recruiter sent him an email letting him know the company would be running a routine background check. “Also attached is a confidentiality agreement,” the recruiter wrote. “Please review, complete, sign, and return to me as soon as possible.” The agreement included a non-compete clause prohibiting Merberg from working at any of the company’s competitors for twelve months after leaving. Merberg, who had recently completed a Ph.D. in mathematics, didn’t consider how this might later affect him.