You can't waive your rights, but in most jurisdictions managers have less rights than employees (which is made up by the fact they generally have more freedom a

You can't waive your rights, but in most jurisdictions managers have less rights than employees (which is made up by the fact they generally have more freedom and better compensation). So if he ran a division of Apple, he'd definitely be classed as a manager and a non-compete would likely be enforceable.