3 ms·
I suppose therefore that the basis of a non-compete agreement is that an employee will be so saturated with secrets that they couldn’t possibly work for a compe
by heads 3y ago
I suppose therefore that the basis of a non-compete agreement is that an employee will be so saturated with secrets that they couldn’t possibly work for a competitor without implicitly revealing those secrets?
Garden[ing*] leave is the usual solution to this: the employees are paid a salary to stay at home and do nothing during their notice period. They are cut off from the secrets so that by the end of their employment they no longer pose the threat of a leak.
That feels like a fairer deal — are the non competes in NY state a kind that are effectively requiring unpaid gardening leave? That does indeed seem wrong
*I always preferred the British version of this where the City gentleman spends the leave period tending to his roses rather than just lounging around on the lawn, hence gardening rather than garden leave.
- ghaff 3y agoWhile leave arrangements do put some company skin in the game, I'm not sure how I feel about them overall. They make non-competes more palatable but how many employees are really going to be happy with getting some fraction of their total comp for a year or two. Yeah, there's probably some number of people for whom that fraction to travel the world or work on their startup idea sounds like a really good idea. But there's probably far more who see the potential to derail their career and miss their mortgage payments.