3 ms·

In the very few places that I've had to deal with a non-compete agreement, I've always been able to get amendments made to the contract that limits the specific

by icey 17y ago

In the very few places that I've had to deal with a non-compete agreement, I've always been able to get amendments made to the contract that limits the specificity to a more acceptable level. Companies just want to try to protect their property as much as possible. The conventional wisdom appears to be that non-compete agreements are largely unenforceable, however I'd be careful in using that assumption: No company wants to deal with someone if they feel that person has no regard for contractual agreements to begin with.

Tangurena 17y ago
The enforceability of a non-compete depends solely on the state involved. States like OH and TX will enforce them vigorously (OH is so bad that I would never move to that state, nor work there). States like CA will reject them (except for sale of businesses). This is why MS fought tooth and nail for the jurisdiction of the folks who quit to work for Google to be in WA (MS' home) - where they are mostly enforceable vs CA (Google's home) - where they are not worth the paper they are written on. If it weren't so difficult to get a ballot initiative going (I ran for election last year, and I had to learn a lot about what it takes to get on the ballot and also getting elected - which I didn't get), this is one of my pet peeves. I'd write it so that if you want to enforce a non-compete against a CO resident, then you pay their salary for the duration of the non-compete - even if the non-compete requires jurisdiction elsewhere.
- j_baker 17y ago
  Actually, that's not necessarily the case in Texas. Enforcement is growing stronger, but Texas courts are traditionally pretty reluctant to enforce non-compete agreements. Nowadays, they are enforceable, but there are lots of restrictions: http://www.hersh-law.com/lawyer-attorney-1078665.html http://www.hersh-law.com/lawyer-attorney-1078665.html It's a bit surprising, but Texas can be a rather employee and consumer-friendly state in a lot of respects. Granted, it's a pretty backwards state in most other respects.

by icey 17y ago

Tangurena 17y ago

The enforceability of a non-compete depends solely on the state involved. States like OH and TX will enforce them vigorously (OH is so bad that I would never move to that state, nor work there). States like CA will reject them (except for sale of businesses). This is why MS fought tooth and nail for the jurisdiction of the folks who quit to work for Google to be in WA (MS' home) - where they are mostly enforceable vs CA (Google's home) - where they are not worth the paper they are written on. If it weren't so difficult to get a ballot initiative going (I ran for election last year, and I had to learn a lot about what it takes to get on the ballot and also getting elected - which I didn't get), this is one of my pet peeves. I'd write it so that if you want to enforce a non-compete against a CO resident, then you pay their salary for the duration of the non-compete - even if the non-compete requires jurisdiction elsewhere.

j_baker 17y ago
Actually, that's not necessarily the case in Texas. Enforcement is growing stronger, but Texas courts are traditionally pretty reluctant to enforce non-compete agreements. Nowadays, they are enforceable, but there are lots of restrictions: http://www.hersh-law.com/lawyer-attorney-1078665.html http://www.hersh-law.com/lawyer-attorney-1078665.html It's a bit surprising, but Texas can be a rather employee and consumer-friendly state in a lot of respects. Granted, it's a pretty backwards state in most other respects.