• SpikesOtherDog@ani.social
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    6 months ago

    Generally, a non compete cannot prevent one from pursuing work in a reasonable manner. Only the portions that directly protect the business, such as not quitting and leaving for a direct competitor, are enforceable.

    I am not a lawyer. I’m pretty sure I came close to the answer, but I know there is a lot of wiggle room, gray area, nuance, and difference between US states.

    Find a job somewhere else and watch them sink slowly from afar.

    Go fast, and get a raise while you are at it.

    • Starkstruck@lemmy.world
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      6 months ago

      I’m guessing a non-compete doesn’t count if they fire you or ‘let you go’. Cause if they didn’t want you working for someone else, they shouldn’t have gotten rid of you.

      • Xanis@lemmy.world
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        6 months ago

        The best way to think about it is whether a provision within a non-compete makes sense to a reasonable person. In other words: Is it unreasonable? A likely not enforceable provision would be “cannot work for a competitor in the same State” due to how broad and how restrictive that provision is to the old employee. A court would look at that, at the industry, and pretty much every time say that the old employee cannot be reasonably expected to move themselves and their family out of State for a new job.

        Gotta be purely logical though. Just because it’s bullshit doesn’t mean it’s unreasonable.