• LeadersAtWork@lemmy.world
    link
    fedilink
    English
    arrow-up
    14
    ·
    7 months ago

    Always check with a Lawyer first. This is not legal advice. I am yelling from a rooftop into the air.

    ahem

    Non-compete agreements often have tagged on bullshit meant to sound scary! A lot of that bullshit cannot be enforced and can be ignored with impunity. In fact, there is often legal precedence to back this up. NEVER assume signing a contract means you are stuck by its terms as the contract must also be legal in scope.

    • SpikesOtherDog@ani.social
      link
      fedilink
      English
      arrow-up
      8
      ·
      7 months ago

      Generally, a non compete cannot prevent one from pursuing work in a reasonable manner. Only the portions that directly protect the business, such as not quitting and leaving for a direct competitor, are enforceable.

      I am not a lawyer. I’m pretty sure I came close to the answer, but I know there is a lot of wiggle room, gray area, nuance, and difference between US states.

      Find a job somewhere else and watch them sink slowly from afar.

      Go fast, and get a raise while you are at it.

      • Starkstruck@lemmy.world
        link
        fedilink
        English
        arrow-up
        7
        ·
        7 months ago

        I’m guessing a non-compete doesn’t count if they fire you or ‘let you go’. Cause if they didn’t want you working for someone else, they shouldn’t have gotten rid of you.

        • LeadersAtWork@lemmy.world
          link
          fedilink
          English
          arrow-up
          4
          ·
          7 months ago

          The best way to think about it is whether a provision within a non-compete makes sense to a reasonable person. In other words: Is it unreasonable? A likely not enforceable provision would be “cannot work for a competitor in the same State” due to how broad and how restrictive that provision is to the old employee. A court would look at that, at the industry, and pretty much every time say that the old employee cannot be reasonably expected to move themselves and their family out of State for a new job.

          Gotta be purely logical though. Just because it’s bullshit doesn’t mean it’s unreasonable.