I need some clarification on this Attention and Effort clause in a non-compete document presented to me (as part of an employment offer).
ATTENTION AND EFFORT. During employment, Employee will devote Employee’s entire productive time, ability, attention, and effort to furthering the Company’s best interests and will not (without the Company’s prior written consent) carry on any separate professional or other gainful employment, including self-employment and contract work.
There are a few things that are unclear to me because of the ambiguity of the words used (I am not a lawyer). And I have search around the interwebs but have not had much luck so it would be amazing if someone could help clarify:
- What is "entire productive time" defined as? It cannot possibly refer to the entirety of the time I have in the day (while I am awake), can it?
- It is unclear to me whether the part on
carrying on any separate gainful employment or contract workis a separate covenant or only applies to my "productive time" working for the company? Basically I am asking if this is saying that I cannot earn money outside of work PERIOD on my own time (not using company resources or equipment or competing with said company of-course). I'm hoping not but am unsure.
Any clarification on #1 or #2 would be greatly appreciated.