6 ms·
If non-competes are enforceable by the German style listed above, the employee forced silent by the non-compete, even after they are done working, but the compa
by MiddleEndian 4y ago
If non-competes are enforceable by the German style listed above, the employee forced silent by the non-compete, even after they are done working, but the company is also forced to pay them.
However, in that case, the company has two options: Forced non-compete with whatever percentage of salary is forced by law, or don't do a non-compete at all. While the employee has only one option: Whatever the employer chooses. Similar to most of the US (barring a few states) except US employees don't even get compensated.
Meanwhile, if employees aren't forced to accept non-competes, the employee and employer can work out a deal or not. Given that as far as I know, California employers don't regularly pay people their TC not to work after they quit, it seems that non-competes are more of a threat against employees than something actually necessary to prevent trade secrets or whatever.
Although even outside of California, I don't know anyone personally who had a non-compete enforced after quitting a job (unless this happened and they didn't tell me).