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re: I just got laid off - AMA

Posted on 2/1/23 at 2:34 pm to
Posted by Festus
With Skillet
Member since Nov 2009
85067 posts
Posted on 2/1/23 at 2:34 pm to
quote:

He was laid off. No non-competes are going to be valid after a layoff - not unless he had sold a company to them, or something like that.

I thought this same thing, but I recently had a friend that was laid off. Out of the blue, huge layoff by her company.

Shortly after, she got a good offer from a different company, and the prior company said they would enforce the non compete. I told her I was pretty sure it was BS. But she said she went to any attorney, and they can still pursue it. And even if she could win, the hiring company probably won't hire her knowing that the NC will be pursued.

I think it's absolutely garbage and a shitty thing to do. But according to her, it is still valid after a lay off.
Posted by Buryl
Member since Sep 2016
840 posts
Posted on 2/1/23 at 5:36 pm to
Sucks for your friend, but some states have deemed non-competes unenforceable after a layoff.

quote:

If you are in a state such as Arkansas, Iowa, Kentucky, Maine, Mississippi, New York, Pennsylvania, South Dakota, or Tennessee, or in the District of Columbia, you discover, to your surprise, that the non-compete is unenforceable.

Fisher Phillips
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