Those with non-compete clause - how are you handli...
# random
k
Those with non-compete clause - how are you handling it now? I have it, cannot compete with my current employer, i.e. cannot do consulting I do for them. I am super interested what it is like now for others, well, when the ruling takes effect (Aug 21, 2024). What’s your thoughts?
j
If it really matters to you, you should consult a labor/contract attorney. I talked to one once, and he said that even though companies write them into contracts all the time, they're often completely unenforceable due to existing state laws. And this was before the FTC's decision recently.
k
interesting point! good idea!
a
The only problem is if they are a private company(USA at least) and they want to fire you, they don't need a reason, not need to use the non-compete clause.
k
exactly. My company has all kinds of clause…. Still, worth checking. I must be covered from the legal stand point, and my company definitely wants to keep me….
a
You are not going to be liable (meaning they would not be able to sue you or hold you accountable) after the ruling takes effect (Aug 21, 2024) as far as I understand, the only thing they can do is let you go. But I'm not a lawyer, so no a bad idea to get into the phone with one.
👍🏻 1
n
@Karina In the UK a clause like that which would effectively stop you from earning a living is 100% not enforceable, it's a joke. I know how that works having moved around between NetSuite partners over the past 13 years. The only real slight possible exception is if you were something like CEO and privy to highly sensitive commercial information that would give a competitor an edge and be damaging to the business you left. Dev's that worked on my team left and were threatened with legal action if they moved to another partner. The new employer basically said "bring it on, it'll go to court, it'll get thrown out, good luck" and said they'd cover any legal fees the devs might incur. It never went to court, they just thrashed about making threatening noises and tried to frighten the devs. Which actually was true to form and one of the reasons the devs left, nobody likes a bully.
p
Its literally how half the consulting shops start, on the side of a supposed “non-compete” gig