4 ms·
I'd be surprised if a non-compete was enforceable in a layoff situation. It is another thing if they quit on their own, or maybe if they were fired for cause.
by ansible 11y ago
I'd be surprised if a non-compete was enforceable in a layoff situation. It is another thing if they quit on their own, or maybe if they were fired for cause.
- monksy 11y agoTalk with a lawyer. However, if you're not in CA or a place where non-competes aren't valid: They can be enforced. It's shitty, but that's business.
- jsprogrammer 11y agoIn a situation like this though, it can probably be thrown out for lack of consideration. You'd also probably have a decent suit for damages as well: if a company hires you with a non-compete and then dumps you on the street because it can no longer meet it's contractual obligations to you, but still prevents you from earning a wage through an onerous contract (which they unilaterally terminated) causing real damages to your lifetime earnings.
- monksy 11y agoYou'd think. A lawyer will tell you this: "I'm not a magician. You signed the contract."
- tripzilch 11y agoWell if the OP has to do lay-offs, they probably are going to get legal advice. If Legal tells them the non-compete becomes invalid in cases of lay-offs, then at the very least it's nice to inform the laid-off person about this. If it doesn't automatically become so, follow the previous poster's advice and if possible, nullify it.