3 ms·
the contract might not be literally enforceable by the courts, but the real threat of costly litigation can both intimidate employees and companies that might h
by currymj 8y ago
the contract might not be literally enforceable by the courts, but the real threat of costly litigation can both intimidate employees and companies that might hire them.
- wpietri 8y agoExactly. As my first lawyer explained to me long ago, the important question isn't, "Will I win?" It's, "Can I afford to win?" If I'm 95% likely to win but it will cost me $100k and two years of stress to find out, then I'm going to have to care a lot.
- ghaff 8y agoIf a large company is known to be litigious with respect to non-competes, it almost doesn't matter if they rarely get judgments in their favor. The rational thing for an individual leaving that company is to either find a job that doesn't violate the non-compete or wait out the length of the non-compete.
- moate 8y agoOR create a class action of other harmed parties. People always seem to forget "organized labor" as an option these days, and that's basically the posthumous version.