re: Professional non-compete clauses

Non compete contracts are dumb

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I'm laying ground work now to make it difficult to prove that I would be breaking the one-yr non-comp when I keep working.

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By posting your intention to breach your employment agreement on the Internet?

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They aren't difficult to enforce. Your company needs new legal counsel.

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Oh I’m long gone. Don’t matter to me no more.

A few weeks ago, I spoke at a seminar about non-competes.

The FTC is proposing a rule to outlaw non-competes in most situations. They would not ban non-solicitation agreements, or agreements to protect proprietary information. The proposed rule would apply to independent contractors. It also would apply retroactively.

Every state has different requirements and exemptions (e.g. in several states, beauticians may not be subjected to a non-compete agreement).

I had a friend that worked for a competitor and was laid off. She was contacted by a few others companies but her former company gave her notice that they would be enforcing the non compete.
This is in Louisiana

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I had a friend that worked for a competitor and was laid off. She was contacted by a few others companies but her former company gave her notice that they would be enforcing the non compete.
This is in Louisiana

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If drafted correctly, non-competition agreements are generally enforceable. A large percentage are not drafted correctly for Louisiana.

Here's a great example of a bad one:

"... Employee’s obligations under this subsection (Non-Competition) will not continue after his or her employment hereunder ends if his or her employment is terminated (I) by EMPLOYER other than (x) for cause or (y) in connection with a transfer to, or otherwise becoming an employee of, another EMPLOYER Member Company, or (ii) by Employee other than for Good Reason ...”

The contract defined a "good reason" for the employee to terminate employment, including a reduction in pay reduction in hours. Quitting to take another job was not a "good reason." However, the agreement says that the non-compete provision does not apply if the employee leaves "OTHER than for good reason." The new employer that hired the person subject to the agreement pointed out that the employee quit for a bad reason (by the terms of the contract) so the non-compete would not apply.

It was a typo, but the former employer drafted it. No suit was filed because the prior employer knew that they screwed up the agreement.

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there is almost always an inference or presumption against their enforcability.

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The inference or presumption is then followed by an “unless,” which proceeds to provide a roadmap to drafting an enforceable non-compete in most jurisdictions. Many (probably most) non-compete agreements, if drafted by competent and experienced counsel, are likely enforceable, but the enforceability of almost any non compete is going to be a very fact specific analysis and differ based on the jurisdiction. Nuances the average person and the OT almost always ignore.

I have access to confidential engineering and performance data. I never move any of that, or client data off of my company computer. If any of that data is shared with a client, my engineering team secures an NDA first and then shares using secure file transfer and passwords sent in separate emails.

If I were to leave, as long as I don't take any data I'm good. The only stipulation I have is that any product ideas that I have that can be patented belong to my now current employer if I act within a year of leaving. After a year, I'd be clear.

I worked as an executive for the worst bbq restaurant company in the world…rhymes with Hickies…I didn’t have a contract but after 6 months they wanted me to sign a non-compete…I did some research and signed it handed it to my boss and laughed in his face how utterly useless that thing was…they gave the same document to everyone in the corporate office to sign…Laughable

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I did some research and signed it handed it to my boss and laughed in his face how utterly useless that thing was

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Again, that kind of depends, but I will say that I do know that some companies will force these on employees even where they know that it will likely not be enforceable (or not entirely enforceable). They figure if it scares a certain percentage of employees, then it's worth it.