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The New Coffee Room

  1. TNCR
  2. General Discussion
  3. "Non-compete"

"Non-compete"

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  • CopperC Offline
    CopperC Offline
    Copper
    wrote on last edited by Copper
    #2

    It varies by state.

    The story was that we used to try to get people up to the Bethesda, MD office to sign the non-compete contract because it wasn't very easy to enforce in Virginia.

    For me this was 45 years ago, so I'm not current on this.

    Currently three states — California, North Dakota and Oklahoma — prohibit the enforcement of non-compete agreements.

    https://www.foxrothschild.com/publications/ftc-proposes-rule-to-ban-non-compete-clauses

    1 Reply Last reply
    • 89th8 Offline
      89th8 Offline
      89th
      wrote on last edited by
      #3

      Funny timing. My employer just sent out an updated NDA and noncompete which includes that the employee cannot work for up to 1 year after termination (at will or not) for companies that compete with them. I was talking to a colleague and we agreed this is pretty normal text in the IT contracting world, but also never enforced unless an employee does something really egregious in terms of competition that would warrant the legal attention of their previous employer.

      1 Reply Last reply
      • AxtremusA Offline
        AxtremusA Offline
        Axtremus
        wrote on last edited by
        #4

        This is where California shines. Short of you opening up a competing business close to your former employer, the state of California generally frown upon non-compete clauses in employment agreements. My Silicone Valley friends like to boast how easy it is to quit one company to take another job with another employer across the street in the same business.

        George KG CopperC 2 Replies Last reply
        • MikM Offline
          MikM Offline
          Mik
          wrote on last edited by
          #5

          They're mess. I got sued by one employer because I would not sign one.

          “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

          89th8 1 Reply Last reply
          • MikM Mik

            They're mess. I got sued by one employer because I would not sign one.

            89th8 Offline
            89th8 Offline
            89th
            wrote on last edited by
            #6

            @Mik said in "Non-compete":

            They're mess. I got sued by one employer because I would not sign one.

            As an employee you got sued?

            1 Reply Last reply
            • AxtremusA Axtremus

              This is where California shines. Short of you opening up a competing business close to your former employer, the state of California generally frown upon non-compete clauses in employment agreements. My Silicone Valley friends like to boast how easy it is to quit one company to take another job with another employer across the street in the same business.

              George KG Offline
              George KG Offline
              George K
              wrote on last edited by George K
              #7

              @Axtremus said in "Non-compete":

              My Silicone Valley friends

              image.jpeg

              "Now look here, you Baltic gas passer... " - Mik, 6/14/08

              The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

              1 Reply Last reply
              • jon-nycJ Offline
                jon-nycJ Offline
                jon-nyc
                wrote on last edited by
                #8

                On Wall Street they call it “gardening leave”, and it’s usually only a few months. The idea is if you’re working on particular deals they don’t want you to take that knowledge to a competitor. After a few months the deals are done or dissolved, so it’s never been that long. Most people I knew loved the enforced break, and new employers expected it.

                You were warned.

                1 Reply Last reply
                • AxtremusA Axtremus

                  This is where California shines. Short of you opening up a competing business close to your former employer, the state of California generally frown upon non-compete clauses in employment agreements. My Silicone Valley friends like to boast how easy it is to quit one company to take another job with another employer across the street in the same business.

                  CopperC Offline
                  CopperC Offline
                  Copper
                  wrote on last edited by
                  #9

                  @Axtremus said in "Non-compete":

                  This is where California shines.

                  That depends on whether you are the winner or loser on this question.

                  1 Reply Last reply
                  • George KG Offline
                    George KG Offline
                    George K
                    wrote on last edited by
                    #10

                    In my area, a non-compete clause could prohibit you from working within a 15 mile (or larger) radius from the place that holds the contract.

                    "Now look here, you Baltic gas passer... " - Mik, 6/14/08

                    The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

                    1 Reply Last reply
                    • George KG Offline
                      George KG Offline
                      George K
                      wrote on last edited by
                      #11

                      Judge strikes down FTC ruling. Non-competes are back.

                      https://www.washingtonpost.com/business/2024/08/20/noncompete-ban-injunction-texas/?utm_campaign=wp_post_most&utm_medium=email&utm_source=newsletter&wpisrc=nl_most&carta-url=https%3A%2F%2Fs2.washingtonpost.com%2Fcar-ln-tr%2F3ec770b%2F66c6105f3b0f9a7e82f7f995%2F61e4b0d49bbc0f2783f064c6%2F29%2F54%2F66c6105f3b0f9a7e82f7f995

                      "Now look here, you Baltic gas passer... " - Mik, 6/14/08

                      The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

                      1 Reply Last reply
                      • 89th8 Offline
                        89th8 Offline
                        89th
                        wrote on last edited by
                        #12

                        Ugh! Hope my previous employer doesn't come after me 🙂

                        Doctor PhibesD 1 Reply Last reply
                        • 89th8 89th

                          Ugh! Hope my previous employer doesn't come after me 🙂

                          Doctor PhibesD Offline
                          Doctor PhibesD Offline
                          Doctor Phibes
                          wrote on last edited by
                          #13

                          @89th said in "Non-compete":

                          Ugh! Hope my previous employer doesn't come after me 🙂

                          That's why I kept changing countries. Sharing my invaluable expertise with the world was far more important than the petty concerns of national and commercial tribalism. I am a martyr to knowledge!

                          I was only joking

                          1 Reply Last reply
                          • MikM Offline
                            MikM Offline
                            Mik
                            wrote on last edited by
                            #14

                            Yes. I'm pretty sure you'd die for some.

                            “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

                            1 Reply Last reply
                            • taiwan_girlT Offline
                              taiwan_girlT Offline
                              taiwan_girl
                              wrote on last edited by
                              #15

                              https://nodebb.the-new-coffee-room.club/topic/30898/non-compete/21?_=1724464630201

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