5 ms·
If the employee was terminated the non-compete should be terminated as well.
by monksy 9y ago
If the employee was terminated the non-compete should be terminated as well.
- hammock 9y agoThat creates the incentive for someone who wants to switch to a competitor to underperform - so she gets fired and can switch. Noncompetes, viewed in a vacuum, are lopsided towards the employer by design. Which is why they are (ideally) counterbalanced by increased pay or other concessions to the employee.
- ben1040 9y agoI had a friend who got RIF'd from a software company, and their offboarding paperwork included a 1 year noncompete that tied their severance as the consideration. Essentially, "we don't want you working here, but we also don't want you working anywhere else, either."
- stupidhn 9y agoIf the severance falls outside of the mandatory amount by law, then this is reasonable. They are paying you not to work for a competitor for a time.
- ben1040 9y agoIt's reasonable if the severance is equal to the pay you'd get over the term of the non-compete. They don't want you working for a competitor for a year? That's fine, if they pay you a year's salary. However, in my friend's case, she was given the 1-year noncompete in exchange for 4 weeks' pay.
- monksy 9y agoI got RIF'd and they included the paperwork signed at offer time for the non-compete. I didn't sign it thinking they would try to force the non-compete after the employment was terminated by them.