5 ms·

> There's generally non-compete clauses in employment contracts in my experience. Non-competes are illegal or unenforceable in the following US states: Califor

> There's generally non-compete clauses in employment contracts in my experience. Non-competes are illegal or unenforceable in the following US states: California, North Dakota, the District of Columbia, Oklahoma, Maine, Maryland, New Hampshire, Rhode Island, and Washington. Also, if a company asks you to sign one, you can say no. I always do.

s1artibartfast 4y ago
I don't think that is true in this context. For example, in California, you can't ban someone from working for a competitor after leaving. You absolutely can ban them from working for a competitor at the same time.
- PainfullyNormal 4y ago
  > You absolutely can ban them from working at at a competitor at the same time. How?
  - s1artibartfast 4y ago
    You write it in their contract or fire them when you find out. California offers protection for "lawful conduct occurring during nonworking hours away from the employer's premises." Note that it specifies "nonworking hours". There is also an exemption for working for a competitor. https://www.mossbollinger.com/blog/2020/december/my-employer-prohibits-me-from-moonlighting/ https://www.mossbollinger.com/blog/2020/december/my-employer...
    - PainfullyNormal 4y ago
      How does that "ban them from working at at[sic] a competitor at the same time"? So, you fire them. They'll still have the other job and can get another.
      - s1artibartfast 4y ago
        Im not sure what part you are confused by. Is it the word ban? My employer can also ban me from stealing money or tools. If they discover it, they can legally fire me. You stated that non-competes are illegal. This is incorrect in the context of moonlighting with competitors or concurrent employment (with anyone during working hours). Those types of non-competes are completely legal. I expect we will see a rise in the number of contracts that explicitly state no other employment during business hours.
Supermancho 4y ago
> Non-competes are illegal or unenforceable in the following US states Non-compete in this context means post-facto (forward-looking) non-competes.
- PainfullyNormal 4y ago
  Section 16600 of the California Business and Professions Code provides that "every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void."
  - s1artibartfast 4y ago
    California also provides an exemption if the second employment is during business hours of the first employer , or with a competitor
  - Supermancho 4y ago
    > Section 16600 of the California Business and Professions Code provides that "every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." That is the letter of the law, but that has not been the interpretation (re: a 2020 appellate ruling mentions this) https://calawyers.org/business-law/california-appellate-court-determines-that-business-and-professions-code-section-16600-does-not-apply-to-non-compete-agreement-during/#:~:text=Section%2016600%20provides%20that%20%E2%80%9CExcept,provisions%20relating%20to%20sales%20of https://calawyers.org/business-law/california-appellate-cour... I also happen to know that ND non-competes are enforceable in a limited fashion.
Tangurena2 4y ago
Non-competes in CA & CO are totally enforceable if: 1 - you are a manager. 2 - you are selling a company. If you are a coder or regular employee, then no, the non-competes are not worth the paper they are printed on. > The Jimmy John’s agreement prohibited employees during their employment and for two years afterward from working at any other business that sells “submarine, hero-type, deli-style, pita, and/or wrapped or rolled sandwiches” within 2 miles of any Jimmy John’s shop in the United States, according to Madigan’s lawsuit. An agreement in effect from 2007 to 2012 extended that to 3 miles. https://www.reuters.com/article/us-jimmyjohns-settlement/jimmy-johns-settles-illinois-lawsuit-over-non-compete-agreements-idUSKBN13W2JA https://www.reuters.com/article/us-jimmyjohns-settlement/jim... https://www.cnbc.com/2016/06/22/jimmy-johns-drops-non-compete-clauses-following-settlement.html https://www.cnbc.com/2016/06/22/jimmy-johns-drops-non-compet... They were being sued in IL & NY by the states' attorneys general over the issue.
- actually_a_dog 4y ago
  Non-competes cannot be enforced against mere managers in California.

s1artibartfast 4y ago

I don't think that is true in this context. For example, in California, you can't ban someone from working for a competitor after leaving. You absolutely can ban them from working for a competitor at the same time.

PainfullyNormal 4y ago
> You absolutely can ban them from working at at a competitor at the same time. How?
- s1artibartfast 4y ago
  You write it in their contract or fire them when you find out. California offers protection for "lawful conduct occurring during nonworking hours away from the employer's premises." Note that it specifies "nonworking hours". There is also an exemption for working for a competitor. https://www.mossbollinger.com/blog/2020/december/my-employer-prohibits-me-from-moonlighting/ https://www.mossbollinger.com/blog/2020/december/my-employer...
  - PainfullyNormal 4y ago
    How does that "ban them from working at at[sic] a competitor at the same time"? So, you fire them. They'll still have the other job and can get another.
    - s1artibartfast 4y ago
      Im not sure what part you are confused by. Is it the word ban? My employer can also ban me from stealing money or tools. If they discover it, they can legally fire me. You stated that non-competes are illegal. This is incorrect in the context of moonlighting with competitors or concurrent employment (with anyone during working hours). Those types of non-competes are completely legal. I expect we will see a rise in the number of contracts that explicitly state no other employment during business hours.

Supermancho 4y ago

> Non-competes are illegal or unenforceable in the following US states Non-compete in this context means post-facto (forward-looking) non-competes.

PainfullyNormal 4y ago
Section 16600 of the California Business and Professions Code provides that "every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void."
- s1artibartfast 4y ago
  California also provides an exemption if the second employment is during business hours of the first employer , or with a competitor
- Supermancho 4y ago
  > Section 16600 of the California Business and Professions Code provides that "every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." That is the letter of the law, but that has not been the interpretation (re: a 2020 appellate ruling mentions this) https://calawyers.org/business-law/california-appellate-court-determines-that-business-and-professions-code-section-16600-does-not-apply-to-non-compete-agreement-during/#:~:text=Section%2016600%20provides%20that%20%E2%80%9CExcept,provisions%20relating%20to%20sales%20of https://calawyers.org/business-law/california-appellate-cour... I also happen to know that ND non-competes are enforceable in a limited fashion.

Tangurena2 4y ago

Non-competes in CA & CO are totally enforceable if: 1 - you are a manager. 2 - you are selling a company. If you are a coder or regular employee, then no, the non-competes are not worth the paper they are printed on. > The Jimmy John’s agreement prohibited employees during their employment and for two years afterward from working at any other business that sells “submarine, hero-type, deli-style, pita, and/or wrapped or rolled sandwiches” within 2 miles of any Jimmy John’s shop in the United States, according to Madigan’s lawsuit. An agreement in effect from 2007 to 2012 extended that to 3 miles. https://www.reuters.com/article/us-jimmyjohns-settlement/jimmy-johns-settles-illinois-lawsuit-over-non-compete-agreements-idUSKBN13W2JA https://www.reuters.com/article/us-jimmyjohns-settlement/jim... https://www.cnbc.com/2016/06/22/jimmy-johns-drops-non-compete-clauses-following-settlement.html https://www.cnbc.com/2016/06/22/jimmy-johns-drops-non-compet... They were being sued in IL & NY by the states' attorneys general over the issue.

actually_a_dog 4y ago
Non-competes cannot be enforced against mere managers in California.