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Your interpretation of the coverage of applicability of noncompetes is interesting. But unfortunately that is not how many noncompetes are written and in many s
by throwaway271811 2y ago
Your interpretation of the coverage of applicability of noncompetes is interesting. But unfortunately that is not how many noncompetes are written and in many states enforced. Noncompetes, at least as usually written, restrict employees regardless of whether they resigned or are laid off [1,2]. The chilling effect is exceptionally strong. If you are laid off and under a noncompete, what company is going to dare subject themselves to the legal risks in hiring? I know multiple folks and personally experienced being subject to multi-year long unpaid noncompetes that were geographically universal after layoff in even California where NCs are supposedly invalid. And every attorney I talked to said there was nothing I could do. Companies have millions to spend, strong arbitration protections, and way better attorneys than individuals could ever hire. Few will dare to challenge.
[1] https://www.hchlawyers.com/business-law/contract-law/non-compete-agreements/non-competes-fired-laid-off-employees/ https://www.hchlawyers.com/business-law/contract-law/non-com...
[2] https://katzmelinger.com/understanding-non-compete-agreements-what-is-a-non-compete-and-can-it-be-enforced-if-i-am-fired/ https://katzmelinger.com/understanding-non-compete-agreement...
- bluGill 2y agoWhat I wrote is my opinion of what it should be. The law is very different from what I think it should be. It is too late or I'd edit my original post to make that clearer.