Re:Obama takes aim at workers’ non-compete agreements
by gok on Wednesday October 26, 2016 @02:10PM
(#12798915)
Absolutely. Several of my colleagues and friends have run into non-compete issues moving from big companies to other big companies.
One high profile case was Mark Papermaster's move from IBM to Apple: http://fortune.com/2009/01/27/ibm-settles-papermaster-to-joi...
Re:Obama takes aim at workers’ non-compete agreements
by cwbrandsma on Wednesday October 26, 2016 @02:11PM
(#12798923)
I've seen attempts made to enforce it. We call it the nuclear option because for small companies, we are talking mutually assured destruction do to lawyer fees -- and virtually guarantees the former employee will go bankrupt. And at least in my town, word gets around that you are hostile to your employees, meaning hiring grinds to a immediate halt. If you are a consulting company...good luck with the next contract. No one will want to work for you or with you, and multiple current employees will quit on principle.
At least that is what I saw happen at a former company I was with. All of this was in "Right to Work" state that invalidates non-competes anyway.
Re:Obama takes aim at workers’ non-compete agreements
by ghaff on Wednesday October 26, 2016 @05:05PM
(#12800543)
Even when they're not enforced and not expected to be enforced, they can still cause problems for someone at a big company trying to be hired by a small company. At a former small employer, we basically wouldn't touch anyone with a non-compete if there was the slightest risk.
Re:Obama takes aim at workers’ non-compete agreements
by kasey_junk on Wednesday October 26, 2016 @01:57PM
(#12798816)
It happens in trading fairly regularly.
Re:Obama takes aim at workers’ non-compete agreements
by bpchaps on Wednesday October 26, 2016 @02:12PM
(#12798933)
Yep. Even in states like Illinois where NCAs are non-enforceable, they can still complicate hiring decisions. I've heard of a few cases where companies (particularly in trading) will choose not to hire someone with a NCA because of the risk/time/effort involved in dealing with it.
Re:Obama takes aim at workers’ non-compete agreements
by kasey_junk on Wednesday October 26, 2016 @02:34PM
(#12799149)
NCA's used to be largely nonenforceable in IL. The advice I've received is that was changed by court precedent in recent years.
I know plenty of engineers (not of the software kind, though) that quit to work at competitors, but when there are three companies in the world that make electron scanning microscopes or whatnot, it's practically impossible not to.
Enforcing a non-compete seems like it would be an uphill battle.