The case for banning non-competes

Re:The case for banning non-competes by masklinn on Friday July 16, 2021 @12:11PM (#27857800)

> I'm in a US state that allows non-competes and recently turned down a job because I wasn't comfortable with the non-compete expressly because the company's opinion of its own market was so broad. They implored me to trust that they had "never sued anyone" and "have no intentions to", and I think they honestly believe that. But then why have the non-compete at all?

FWIW you can try editing the contract, removing the NCC clause, or tacking on steep consideration for exercising the NCC (as well as hard limit on it).

If they never sued anyone and have no intention to, they don't need an NCC clause, strike it out and ask them to sigh the updated contract.

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Re:The case for banning non-competes by stevesimmons on Friday July 16, 2021 @01:04PM (#27858401)

> tacking on steep consideration for exercising the NCC (as well as hard limit on it)

Now I'm mid-career, employers want to hire me for my experience.

If presented with a non-complete clause, I first strike it out, saying it isn't fair that you stop me working in my core area of expertise, when you're hiring me for exactly that reason.

If that gets refused, I instead add a clause that says any period where the non-compete is enforced will be paid at my full salary.

In practice, there ends up being a short discussion with HR, some thinking behind the scenes, and that clause is allowed. And when I eventually leave, the non-compete period ends up being waived.

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Re:The case for banning non-competes by fgonzag on Friday July 16, 2021 @04:00PM (#27860582)

> If that gets refused, I instead add a clause that says any period where the non-compete is enforced will be paid at my full salary.

I believe employment NCs should be illegal, but this is the minimum standard a non compete should require to be legal. The fact that companies can essentially force you to stop working for years, without paying, is ridiculous in my opinion.

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Re:The case for banning non-competes by pc86 on Friday July 16, 2021 @12:36PM (#27858051)

They don't even need to sign it. You've only signed the edited version, so they can either use the edited version or not have a non-compete. If you're comfortable with the edited version it doesn't really matter which one they choose.

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Re:The case for banning non-competes by tacon on Friday July 16, 2021 @01:36PM (#27858834)

If the non-compete is just a part of the overall employment contract, that means you are working without a contract. That can be problematic if the contract establishes benefits for you, like your salary, your bonus, your vacation, etc., etc.

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Re:The case for banning non-competes by pc86 on Friday July 16, 2021 @02:10PM (#27859279)

Good point that I definitely overlooked. I was assuming the NC was a distinct document.

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