3 ms·

Actually, I'm so glad I now live in India. Non-competes have absolutely no-validity, and good luck trying to enforce one.

rb2k_ 6y ago
Same in California. For people that want the details: https://california.public.law/codes/ca_bus_and_prof_code_section_16600#:~:text=California%20Business%20and,Sec.&text=16600,is%20to%20that%20extent%20void https://california.public.law/codes/ca_bus_and_prof_code_sec.... California Business & Professions Code section 16600 makes clear that any non-compete provision between employer and employee will not be enforceable under California law
- djsumdog 6y ago
  Yep, I've seen contracts where they say "Clause x/y doesn't apply in the State of California" and then the employer try to tell me "Well, it's not a non-compete" .. bullshit. It clearly is.
flak48 6y ago
Doesn't stop them from including the clause in the contract though. (Though nothing is actually enforcable in India like you said, simply because you would probably be retired before the case would get a court date)
- systemBuilder 6y ago
  Just proves that lawyering is the continuation of bullying after your youth has expired
- gnopgnip 6y ago
  If you include illegal clauses like a non compete in an employment agreement it can render the whole employment agreement void in CA and other places.
willcipriano 6y ago
I got the impression from friends that it was a worse situation in India with relieving letters[0], the way it was explained to me you needed your current companies written permission to start a new job and that is frequently abused. [0]https://workplace.stackexchange.com/questions/20945/what-is-a-relieving-letter-what-are-the-consequences-of-not-having-one https://workplace.stackexchange.com/questions/20945/what-is-...
- ramraj07 6y ago
  Not sure if it applies for a high-level software position as much as it would for a regular "consulting" engineer schmuck hire though.
ramraj07 6y ago
In what respects? I moved back to India for family reasons as well, but not sure I see the net benefits completely
greeniron 6y ago
yeah, but then you'd have to live in india.
northern-lights 6y ago
Not entirely true. See: https://www.mondaq.com/india/contract-of-employment/614370/enforceability-of-non-compete-clause39-under-an-employment-agreement https://www.mondaq.com/india/contract-of-employment/614370/e...

rb2k_ 6y ago

Same in California. For people that want the details: https://california.public.law/codes/ca_bus_and_prof_code_section_16600#:~:text=California%20Business%20and,Sec.&text=16600,is%20to%20that%20extent%20void https://california.public.law/codes/ca_bus_and_prof_code_sec.... California Business & Professions Code section 16600 makes clear that any non-compete provision between employer and employee will not be enforceable under California law

djsumdog 6y ago
Yep, I've seen contracts where they say "Clause x/y doesn't apply in the State of California" and then the employer try to tell me "Well, it's not a non-compete" .. bullshit. It clearly is.

flak48 6y ago

Doesn't stop them from including the clause in the contract though. (Though nothing is actually enforcable in India like you said, simply because you would probably be retired before the case would get a court date)

systemBuilder 6y ago
Just proves that lawyering is the continuation of bullying after your youth has expired
gnopgnip 6y ago
If you include illegal clauses like a non compete in an employment agreement it can render the whole employment agreement void in CA and other places.

willcipriano 6y ago

I got the impression from friends that it was a worse situation in India with relieving letters[0], the way it was explained to me you needed your current companies written permission to start a new job and that is frequently abused. [0]https://workplace.stackexchange.com/questions/20945/what-is-a-relieving-letter-what-are-the-consequences-of-not-having-one https://workplace.stackexchange.com/questions/20945/what-is-...

ramraj07 6y ago
Not sure if it applies for a high-level software position as much as it would for a regular "consulting" engineer schmuck hire though.

ramraj07 6y ago

In what respects? I moved back to India for family reasons as well, but not sure I see the net benefits completely

greeniron 6y ago

yeah, but then you'd have to live in india.

northern-lights 6y ago

Not entirely true. See: https://www.mondaq.com/india/contract-of-employment/614370/enforceability-of-non-compete-clause39-under-an-employment-agreement https://www.mondaq.com/india/contract-of-employment/614370/e...