3 ms·
Non competes have their place. But it should cost the employers to enforce it. The most obvious way is to require paying the employee their previous average to
by mjmahone17 6y ago
Non competes have their place. But it should cost the employers to enforce it.
The most obvious way is to require paying the employee their previous average total compensation, while still allowing the employee to work outside the non-compete. There should also be some form of “as time goes on you need to pay more to prevent them from taking a competing job”. If you don’t want to pay someone to not work for a competitor, then your non-compete should not be valid.
- ng12 6y agoThey do this in finanance, New York has relatively enforceable non-competes. Typically they'll pay you your full salary for the period of time you're not working.
- ElFitz 6y agoPretty much what we have in France. Over here it doesn't have to be the full salary; only enough to be deemed "reasonable" by a judge, and judges working in courts related to employer-employee litigations tend to be more employee friendly. If it isn't paid, the non-compete isn't enforceable. It also requires a few more limits to be enforceable: - "reasonably" limited in time - geographically limited - a specific activity / role So they usually aren't ever enforced, because most of the time employers don't find them worth it.
- alistairSH 6y agoThis should be the happy middle ground. It covers high-priced sales executives, C-levels, and very senior engineers just fine. Those are the positions that might reasonably take sensitive financials or trade secrets with them. Joe Blow Web-developer? There shouldn't be a need. And if there is, pay him for the duration.
- leoc 6y agoIt's often referred to as 'garden leave': https://en.wikipedia.org/wiki/Garden_leave https://en.wikipedia.org/wiki/Garden_leave .
- goatinaboat 6y agorequire paying the employee their previous average total compensation, while still allowing the employee to work outside the non-compete This is similar to the British concept called “gardening leave”.