4 ms·
In the US these clauses are almost never enforceable and simply serve as a chilling effect. There is a fundamental issue with non-competes that if they prevent
by munk-a 4y ago
In the US these clauses are almost never enforceable and simply serve as a chilling effect. There is a fundamental issue with non-competes that if they prevent a person's well being they can't be enforced so if a person secures a job that would violate their non-compete the enforcement of their non-compete would cause them to lose their income. This is considered a hardship so enforcement of a non-compete clause requires a clear demonstration that other work would be available which in many cases is hard to do in the modern world since it'll often require there existing a genuine offer of work to the individual - offers are normally private so they can be hard to discover but, additionally, simply demonstrating the availability and presence of job listings is usually insufficient because hiring processes are a lot more complex today then in 1800 when some dude would hand you a shovel and offer you a dime at the end of the day.
I applaud their death - they are fundamentally bad for employees.