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The compensation is your salary. The noncompete is part of the terms. I agree these things are overused and need to be reigned in, but let's not oversimplify.
by marcoperaza 10y ago
The compensation is your salary. The noncompete is part of the terms.
I agree these things are overused and need to be reigned in, but let's not oversimplify.
>relatively rare
I'd say it's the opposite. Only a small percent of trade secret theft has any chance of being directly enforced against.
- acdha 10y agoSalary is generally understood to be compensation for the work you've performed; attempting to redefine it that way would require them paying considerably over the normal unencumbered market rates. Those kind of deals do happen but they're rare: people with very specialized skills or connections do get paid for exclusives and the arrangement is formalized up front and comes at a hefty premium, not hidden in what otherwise looks and pays like an ordinary job. As for “relatively rare”, most claimed trade secrets aren't as sensitive (or hard to independently reinvent) as people like to think. When the cost is subsidized to almost nothing, people will claim everything is critical but as soon as they have to pay for it, they'll focus on things which actually matter.
- st3v3r 10y agoNo. Absolutely not. Once they stop paying the salary, they should have no say whatsoever on what I do. It is entirely unreasonable to expect someone to not be able to work for a period of time after leaving the company, and not being able to feed their family.