That's an offer, not a solution. What if the offer isn't reasonable? What if the employee is leaving because the equity vesting has dropped off? (eg: leaving after 4 years)

> "Non-cash compensation (eg equity) may be replaced with equivalent cash. "

What's the equivalent cash value of options? The variability here is huge. Seems better to just ban these schemes entirely, especially considering there's seemingly zero upside to allowing them.

Remember: California has never allowed noncompetes and we're doing just fine in the tech department. Better plan would be for the rest of the country to follow our lead.

What if you allow the new employer to buy out the non compete? So if your old employer low-balls you, the new employer can buy it out on your behalf. If your knowledge is really worth it, that provides an incentive to make the pay worthwhile. Doesn’t help in all cases, so I’d couple that with stronger restrictions on what a company can call a competitor. If there’s a cut for the state, that will provide incentive for them to enforce.

But really the right move here is either no non-competes or employees getting to set their own prices for them. Being on the wrong side of a power asymmetry forces behavior changes.