Posted on 04/24/2024 5:16:43 AM PDT by CodeToad
California has made non-competes unenforceable for decades. Silicon Valley would not have blossomed, if they had been enforceable. BTW, Do You know that Fast Food Joints have non-competes that their minimum wage workers have to sign so they can no longer work at any other fast food joint for years after being terminated? Non-competes are modern day slavery by the corporations. YMMV. IMHO.
In certain instances I agree. That is how courts came up with the “inevitable use” doctrine to uphold them in those instances.
“Non-competes are modern day slavery by the corporations.”
Yup. And that’s where it becomes a Federal civil rights issue and not a state’s contract law issue.
Who would sign something like that? I've been retired for sometime as an IT worker bee. At the level I worked at I could see signing an agreement to stay on after some advanced training, but for a week long seminar no way...
Non compete agreements in places like fast food and retail sales are the kinds of misuse that has created the new rules.
The FTC is saying NCA’s are contrary to public policy, much the same way selling oneself into slavery or selling your organs would be under US law.
Yow, you're right, that's insane. What can the law do when influential players on both sides of a transaction are so corrupted? I guess put a couple of years' time limit on the non-compete provision--unless the guy was fired, in which case it's 5 minutes!
What can be done? Lots, but companies have to get off their butts and manage their intellectual property. Outside of a few instances I know, most companies play real loose with managing IP.
I like one ruling I read about:
Yes, a non-compete is enforceable, but only as long as the original company continues to pay all salary and benefits.
Personally, I think anyone even proposing anything resembling a non-compete or a NDA should rot in hell and die in poverty.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.