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Re:The case for banning non-competes by masklinn on Friday July 16, 2021 @11:27AM (#27857246)
> There are two kinds of non-competes, and both have problems.

There are more kinds of non-competes. Neither of the kinds you're listing is blanket-legal anywhere in Europe, as far as I can tell, but there are still NCC/NCAs.

Generally speaking, in Europe, NCC/NCAs must:

* show a reasonable business interest, mere competition does not ever qualify

* be geographically limited

* be temporally limited (rarely more than two years)

* be financially compensated (significantly, usually on the order of 50% gross salary for the entire period)

> Obviously, if I work as a developer making a stock trading app, I shouldn't be making a competing stock trading app after hours.

No it's not obvious at all. In fact I'd say that on its face it's obviously not true.

Unless the employer can justify of a super secret sauce which would be endangered by this there's no reason why you could not. You could work as a dev of a stock trading app, be passionate about stock trading applications, disagree with the company's ideas on the subject, and want to realise your own ideas.

Re:The case for banning non-competes by laGrenouille on Friday July 16, 2021 @12:07PM (#27857747)
> be financially compensated (significantly, usually on the order of 50% gross salary for the entire period)

I think this is the most important protection that's needed in the US. NCCs for high-level executives with golden parachute clauses actually makes a lot of sense. If their former company is essentially paying them (usually a lot!) after they leave during the NCC period, that is unlikely to get abused and overused.

For anyone who's knowledge and connections is not important enough to those kinds of payouts offered to C-suite execs, NCCs are just a way to bully employees into not leaving.

Re:The case for banning non-competes by ghaff on Friday July 16, 2021 @12:14PM (#27857832)
For C-suite execs, I can definitely see it being a reasonable thing. And, honestly, at that level especially in large companies, skills are far more transferable to even totally different industries.
Re:The case for banning non-competes by rich_sasha on Friday July 16, 2021 @11:52AM (#27857583)
As another comment said, and I can confirm from personal experience, just the fact that you need these to enforce a non-compete is no panacea. There is usually enough probable cause, or whatever legalese name it has, to take an employee to court and cause them enormous havoc and expense (UK anyway, but the rest of your post reads consistent with UK laws).

Additionally, if you think you are small fry for a firm to sue you, not necessarily. Enforcement of non-competes is just as much aimed at deterring others from trying as it is at affecting you personally, if you spread the cost for the company over the 10-20 employees who are deterred, it suddenly looks cheap.

Even if against the odds of going against a large corporation with deep pockets you eke out a win in court, you are almost certainly not getting all your money back, and none of your time and stress either.

Re:The case for banning non-competes by DeRock on Friday July 16, 2021 @01:06PM (#27858432)
Those NCC/NCAs are unenforceable in California (outside some very specific exclusions, like C-level/founders), and California thrives, arguably because of it! I don't want my employer to be able to bully me into a contract where I can't switch to whatever job I want (even for "max 2 years" and half my previous pay...). A blanket ban clearly works and removes some of the employee/employer power imbalance. Should be the end of discussion.
Re:The case for banning non-competes by Symmetry on Friday July 16, 2021 @12:04PM (#27857726)
Honestly I think that just requiring that NCAs be financially compensated like that would be enough to prevent them from being a problem.
Re:The case for banning non-competes by gpderetta on Friday July 16, 2021 @01:52PM (#27859061)
Apparently in the UK non-compete are enforceable even when non remunerated, although your other points might stand: the non-compete must be in pursuit of a business need (i.e. not just a punishment because you left), and as should not extend in time and space more than required to fulfill that need (non-compete more than 6 months are rarely enforced).
Re:The case for banning non-competes by walshemj on Friday July 16, 2021 @05:17PM (#27861338)
And normally in the UK and a believe Europe the more senior you are the more likely a NC would be valid.
Re:The case for banning non-competes by masklinn on Tuesday July 27, 2021 @02:43AM (#27969360)
Which tracks: the higher in the food chain the more you’d be privy to strategic information and to-be-disclosed deals (e.g. bug contracts) allowing severely undermining or kneecapping the company.