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A comment on Noncompete Clauses: Signing Away the Right to Get a New Job. Parent comment

Re:Noncompete Clauses: Signing Away the Right to Get a New Job by etjossem on Saturday May 13, 2017 @04:27PM (#14332829)
> But the problem is that they could just do that anyway, illegal contract or not.

The difference is that with an illegal contract, your future employer might actually believe it's more headache than it's worth to fight. I would err on the side of casually striking it out of the employment contract, simply saying "this part of the standard document doesn't apply in our state" etc.

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Re:Noncompete Clauses: Signing Away the Right to Get a New Job by deaddodo on Saturday May 13, 2017 @10:33PM (#14333955)
Your new employer doesn't have to fight anything. Non-executive non-competes are specifically disallowed by the CA gov't. It's up to your previous employer to prove you were an executive (upper management/c-suite) and sue you, not vice versa.
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Re:Noncompete Clauses: Signing Away the Right to Get a New Job by pfarnsworth on Saturday May 13, 2017 @11:41PM (#14334102)
But then you have to deal with a lawsuit, hire a lawyer, etc. Just because it's unenforceable doesn't mean that your shitty employer can't sue you. Why not just head it off at the beginning and have it right there in the signed contract?
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Re:Noncompete Clauses: Signing Away the Right to Get a New Job by jimsug on Sunday May 14, 2017 @02:40PM (#14336915)
You don't necessarily need to hire a lawyer, but I've always found this to be one of the pains of the American costs system.

On the other hand, a court can't really order you to work for the company, so even if by some miracle they were successful, it'd come down to a matter of damages, and those would be difficult to prove even if you went to work for a direct competitor.

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Re:Noncompete Clauses: Signing Away the Right to Get a New Job by ulucs on Sunday May 14, 2017 @04:29AM (#14334790)
It'd be thrown out immediately anyway, due to having no legal basis (at least in the mainland European civil law systems)
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Re:Noncompete Clauses: Signing Away the Right to Get a New Job by palunon on Sunday May 14, 2017 @08:55AM (#14335428)
California doesn't have a mainland European civil law system.
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Re:Noncompete Clauses: Signing Away the Right to Get a New Job by deaddodo on Sunday May 14, 2017 @07:45PM (#14338147)
The plaintiff pays costs in these cases (filing fees, motion fees, etc) and, if it gets thrown out (most likely, as it would be considered frivolous)/you win, you owe nothing. It's really a stupid action for a company to try and take.
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