But I don’t think this is nearly as true as you think it is. In Massachusetts, for example, if you were laid off your non-compete may be completely void and une

But I don’t think this is nearly as true as you think it is. In Massachusetts, for example, if you were laid off your non-compete may be completely void and unenforceable. In some states the clause is only enforceable if the employee is given consideration for entering into the agreement and continued employment is, by law, not valid consideration. Other states have specific rules about how the non-compete clause must be written or provided to the employee: given X days before signing, notifying of right to counsel, etc. In large multinational corporations with standardized employment documents it’s hard to keep up with all of the changes to local law so the provision in your agreement might be invalid in your jurisdiction on its face. There are so many factors to consider but so often people just assume defeat and don’t even bother to seek out legal advice. And that’s only to management’s benefit.