5 ms·

I think noncompete clauses have their uses so rather than see them eliminated completely you make a company pay the employee under a noncompete the equivalent s

I think noncompete clauses have their uses so rather than see them eliminated completely you make a company pay the employee under a noncompete the equivalent salary for the duration. Company wants you to sign a noncompete for five years after you leave? They can pay for you five more years. Companies that truly need the protections will shell out for it. The ones that include it in their employment contracts because that's just what they do, won't.

ghaff 4y ago
Garden leave isn't a panacea. For example, in Massachusetts, there's a relatively recent requirement that employers have to pay at least half of an ex-employee's salary for up to a 12 month non-compete coverage. Better than nothing I guess. And it does put some skin in the game for the employer. But while that might look like a good deal for some people who are in a position to just travel, start a project of some sort, etc. it isn't for everyone. Someone with a mortgage, kids in college, or other financial obligations might not think that dropping to half their base pay--to say nothing of just taking a year off mid-career--is so great. And, depending upon how specialized they are, there may not be a role open to them which is a good match with their experience and skills.
- lsllc 4y ago
  But in MA, the "reform" doesn't apply to existing employment contracts, only ones signed after it went into effect. The MA law was watered down after some lobbying by large Hopkinton MA based company(s) that had taken A.I.M. at non-compete reform in the state. In fact the reforms that did pass, I think only did after of a certain acquisition that occurred involving said company(s). https://www.telegram.com/story/business/columns/2016/07/10/peter-s-cohan-with-emc-change-will-bay-state-be-free-to-compete-with-silicon-valley/27516604007/ https://www.telegram.com/story/business/columns/2016/07/10/p... https://aimnet.org/non-compete-agreements-protect-innovation/ https://aimnet.org/non-compete-agreements-protect-innovation...
  - ghaff 4y ago
    Yeah. EMC was one of the big blockers. I had to sign upon being acquired in 1999 although it didn't affect me (and was actually reasonably scoped). And I left after a few months.

ghaff 4y ago

Garden leave isn't a panacea. For example, in Massachusetts, there's a relatively recent requirement that employers have to pay at least half of an ex-employee's salary for up to a 12 month non-compete coverage. Better than nothing I guess. And it does put some skin in the game for the employer. But while that might look like a good deal for some people who are in a position to just travel, start a project of some sort, etc. it isn't for everyone. Someone with a mortgage, kids in college, or other financial obligations might not think that dropping to half their base pay--to say nothing of just taking a year off mid-career--is so great. And, depending upon how specialized they are, there may not be a role open to them which is a good match with their experience and skills.

lsllc 4y ago
But in MA, the "reform" doesn't apply to existing employment contracts, only ones signed after it went into effect. The MA law was watered down after some lobbying by large Hopkinton MA based company(s) that had taken A.I.M. at non-compete reform in the state. In fact the reforms that did pass, I think only did after of a certain acquisition that occurred involving said company(s). https://www.telegram.com/story/business/columns/2016/07/10/peter-s-cohan-with-emc-change-will-bay-state-be-free-to-compete-with-silicon-valley/27516604007/ https://www.telegram.com/story/business/columns/2016/07/10/p... https://aimnet.org/non-compete-agreements-protect-innovation/ https://aimnet.org/non-compete-agreements-protect-innovation...
- ghaff 4y ago
  Yeah. EMC was one of the big blockers. I had to sign upon being acquired in 1999 although it didn't affect me (and was actually reasonably scoped). And I left after a few months.