Re:Why I Don't Sign Non-Competes
by commandlinefan on Wednesday March 21, 2018 @10:42AM
(#16638386)
Although I agree with you - no client/employer is worth that kind of baggage - I was sort of surprised, after four months of unemployment when my last company shut down abruptly (no warning, no severance), just how many things seem negotiable when you're starting to worry about unemployment running out.
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Fortunately when that is your only offer and you don't have a job you can tell the court you signed that under duress. Which is to say courts will not look favorably on the whole thing.
Courts tend look unfavorably on any agreement that doens't allow you to earn a living doing what you know how to do. As such non-competes as bad as they are are very hard to actually enforce in court. The threat of going to court though can be scary.
Remember if you need legal advice ask a lawyer not some random idiot on a forum.
Re:Why I Don't Sign Non-Competes
by vinceguidry on Wednesday March 21, 2018 @11:15AM
(#16638723)
The problem with noncompetes isn't that you'll get dragged into court over them, it's that old employer makes a call to new employer and you get shown the door.
Now you have to sue somebody to get your rights upheld.
The upside is that in at least some cases, you can warn the new company and they'll agree to fight the thing - or even preemptively tell the previous company off.
Obviously that's mostly going to work for people with major leverage in the job market, but there have been some notable success stories lately of people not getting sacked.