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First off, noncompete agreements and nondisclosure agreements are separate things. I don't see anyone here arguing that an employer's proprietary IP does not d
by ScottBurson 9y ago
First off, noncompete agreements and nondisclosure agreements are separate things. I don't see anyone here arguing that an employer's proprietary IP does not deserve protection.
Secondly, while there do exist well-compensated noncompetes for executives and other high-value employees -- and I don't think anyone here is arguing against those either -- the vast majority are not compensated at all, except that the employee gets the job in the first place.
- esoterica 9y agoSince you can't lobotomize someone when they quit, it's impossible to prevent someone from using proprietary knowledge and insights at their new job, even with a nondisclosure agreement in place. IP transfer doesn't always happen in a way that's overt and easily prosecutable, like stealing confidential blueprints or explicitly telling your new employer trade secrets.
- ScottBurson 9y agoWell, I think that in most cases, a fair amount of that knowledge qualifies as general knowledge about the problem space, notwithstanding that employers would like to paint it all as proprietary. Still, there is a little truth in what you say. But we in California think that that is a price very much worth paying in exchange for the more vibrant economy afforded by outlawing noncompetes.