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IANAL, but odds are that this "agreement" would be ruled as non-enforceable by most reasonable courts in the US. It's not like the guy was VP of software devel

IANAL, but odds are that this "agreement" would be ruled as non-enforceable by most reasonable courts in the US. It's not like the guy was VP of software development. He was an intern. The whole reason he has the job is to presumably transfer the things he learns into various other roles. http://www.heydary.com/publications/non-competition-agreements.html http://www.heydary.com/publications/non-competition-agreemen... Both you guys should completely ignore the non-compete and see if they try to enforce it. That's a lot of money for the loss of an intern. :-)

wanorris 15y ago
If I were the intern in question, I would have withdrawn my application rather than proceed like that. I would never want to create an adversarial relation with a current or former employer unless they left me with no other alternative. It would suck to lose a shot at a great job, but I think it's worth the loss to maintain a reputation as a loyal team player (even if the employer seems unworthy of loyalty) and move on to a more worthy employer when I can find a way to do so that won't raise their ire. I would draw the line in situations where being a "team player" would require me to act unethically, but in the absence of something like that, I think that over the timeframe of a career, there is net value to being someone that former employers and coworkers recall positively rather than negatively.