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Part of every formal job application process that I've completed is to disclose any applicable non-competes. All of those companies will not risk violating a no

Part of every formal job application process that I've completed is to disclose any applicable non-competes. All of those companies will not risk violating a non-compete due to the substantial legal risk, placing the employee in another area, or more likely, declining to hire. This is largely irrelevant for employees in California, due to its commerce and tort law rendering non-compete clauses unenforceable for employment. In the past few years, however, we have seen companies suing past employees for alleged theft of trade secrets. This chilling effect could end up having the same outcome as an enforceable non-compete.

mancerayder 8y ago
Part of every formal job application process that I've completed is to disclose any applicable non-competes. All of those companies will not risk violating a non-compete due to the substantial legal risk, placing the employee in another area, or more likely, declining to hire. I haven't seen this yet in NY, although I have been contracting for several years. In the case of my ex-boss, he told New Company right away as he was being hired, and they had already the legal setup to watch his back. Lawyers came after New Company, and then eventually it went quiet.