re: Non-Compete agreements are now illegal nationwide!

anyone arguing against this possible ruling has obviously never had a non-compete held over your head as a weapon. non-competes are bullshite

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anyone arguing against this possible ruling has obviously never had a non-compete held over your head as a weapon. non-competes are bullshite

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First job out of college I worked for an IT consulting firm. One of our clients a bank was going to bring the IT services in house. They offered me a job. I had a non compete, I accepted job. Bank had an in house legal dept my company did not. Bank told me not to worry about the non compete. My previous employer other than making empty threats didn't do shite because they would have had to spend a shite load of money to fight it out with a bank.

I had a friend that was laid off and her former company was still enforcing her non compete- totally ridiculous

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I had a friend that was laid off and her former company was still enforcing her non compete- totally ridiculous

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Same, my company wasn't going to let me work but they also paid me to not work which was equally dumb.

Why not? The bill doesn’t go there. This is just more of government agencies expanding their own power.

In my industry, you are almost always going to have to sign a NC to make any kind of money. Hell, even the paper pushers and drivers have to sign them at some companies. When I left one of the bigs in the industry (think Airgas, Grainger, Motion, etc.), the first thing they did was try to hold the NC over me to keep me there, even though they wouldn't come off any money to keep me. Thankfully I convinced them I wasn't going to a direct competitor and was outside of their market basket and they left me alone, but the intent of a NC has completely changed to just be a weapon for the company and to keep employees from seeking higher paying jobs with better work environments.

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I can see the pros and cons of this. For some professions, especially where the company has to invest a lot into you, I can see where they're necessary. But they've definitely gotten completely out of hand requiring them for even the most basic jobs and even though they aren't enforced it's still an unnecessary thing

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I get that employers do invest in employees, in that case, have the non-compete start at the time of signing it, and only last 3 years or something. Having it start after separation and last for 2 years is nonsense.

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What if I sell my business to someone and then go right out and start another business just like the one I just sold?

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Sounds like market competition to me

You are confused, but so are others in this thread.
There is no need for a non compete while the employee is still employed. The employee has duties of loyalty that prohibit competitive conduct against his employer during the existence of the employment relationship. The employer can sue for breaches of this fiduciary obligation without a non compete.
The employee cannot take confidential customer lists, confidential pricing info trade secrets and use them against the former employer after terminating the employment relationship. This obligation post-employment exists without a non compete agreement.

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There is no need for a non compete while the employee is still employed. The employee has duties of loyalty that prohibit competitive conduct against his employer during the existence of the employment relationship.

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This is true... I know a lady who was fired from McDonald's where she was a manager after it became known to them she was a assistant manager at Taco Bell also.. weird because one mainly sells hamburgers the other tacos... but she was fired nonetheless...