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Re:U.S. Moves to Bar Noncompete Agreements in Labor Contracts by trentnix on Thursday January 05, 2023 @10:18PM (#34270524)
100%

It’s ridiculous how flippant and deceptive companies are about signing non-competes. Sometimes they neglect to mention it until you actually show up for work. So there you are, depending on this new job, standing in front of your new boss, compelled to create and maintain a positive relationship, presented with a legal contract that significantly damaged your leverage and alternate prospects.

That might even be criminal.

Often, I hear from some about how non-competes in some states are “non-enforceable”. But even when that’s true it doesn’t inoculate you from serious problems.

A friend signed a non-compete regarding professional services when he want to work (as an independent contractor, mind you) and was sued by the company after he left. He lawyered up and won, but the case took 18 months due to stalling and delays by the company. During that 18 months the judge had granted an injunction preventing him from providing similar services, leaving him effectively unemployed. It did great damage to his savings and the strength of his resume, which now had a significant gap.

As I said, he won! But he was awarded no damages, despite the victory. Seeing this play out convinced me that even you’re in the right, the process can be plenty of punishment on its own.

Re:U.S. Moves to Bar Noncompete Agreements in Labor Contracts by meesles on Friday January 06, 2023 @09:49AM (#34275172)
He received no damages after winning a case brought on by a company that prevented him from working for 1.5 years? That doesn't seem like justice to me.
Re:U.S. Moves to Bar Noncompete Agreements in Labor Contracts by humanistbot on Friday January 06, 2023 @12:43PM (#34278107)
> That might even be criminal.

Careful with that word. Non-competes are non-enforceable in California and other jurisdictions. Some people say "non-competes are illegal in California", but it is not a crime to ask someone to sign a contract with a non-enforceable provision.

Re:U.S. Moves to Bar Noncompete Agreements in Labor Contracts by trentnix on Friday January 06, 2023 @04:05PM (#34281046)
The criminal part I referred to is when it is insisted that you sign it under duress.
Re:U.S. Moves to Bar Noncompete Agreements in Labor Contracts by 22SAS on Saturday January 07, 2023 @02:56PM (#34291983)
One of the best quant firms, TGS, is located in CA and enforces non-competes no problem. They had an employee sue, his NC got waived but he had to pay 7-figures to TGS.
Re:U.S. Moves to Bar Noncompete Agreements in Labor Contracts by hn_go_brrrrr on Monday January 09, 2023 @08:23PM (#34319053)
In lawyer's fees or in damages?