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Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

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Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#11
In unrelated news, Hawaii's High-Tech industry collapses.

I think this policy is awesome and should be universal, but it seems a little crazy to enact it unilaterally - if a company can choose which state to operate in, Hawaii is going to lose out to all the others that allow unfair (IMO) employer protections.

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#13
post #3

Wish NY did the same. In NY they get to own all your ideas both at work and "off the clock."

The company I recently joined had such a license, but then had a rider specific to Washington state that basically limited the scope to the particular industry and/or using company resources, which I find to be far more reasonable.

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#14

My understanding is that if non-compete clauses are unreasonable then they they are generally unenforceable. As in if they put undue hardship on you finding employment elsewhere. It seems the exception is usually up at the senior leadership and C-level where strategic intelligence comes in to play. (joe/jane-coder not so much.)

Unfortunately "unreasonable" is something that generally requires a court to define. That's a big burden for a worker to bear even in the most justified cases.

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#15

My understanding is that if non-compete clauses are unreasonable then they they are generally unenforceable. As in if they put undue hardship on you finding employment elsewhere. It seems the exception is usually up at the senior leadership and C-level where strategic intelligence comes in to play. (joe/jane-coder not so much.)

But "unreasonable" varies by jurisdiction, and as the (blatantly) pro-noncompete author of the blog post notes, Hawaii has previously legally found even three-year noncompetes not unreasonable.

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#17

In unrelated news, Hawaii's High-Tech industry collapses. I think this policy is awesome and should be universal, but it seems a little crazy to enact it unilaterally - if a company can choose which state to operate in, Hawaii is going to lose out to all the others that allow unfair (IMO) employer protections.

Aren't non-compete clauses banned in California?

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#18

In unrelated news, Hawaii's High-Tech industry collapses. I think this policy is awesome and should be universal, but it seems a little crazy to enact it unilaterally - if a company can choose which state to operate in, Hawaii is going to lose out to all the others that allow unfair (IMO) employer protections.

In unrelated news, employees seek tech companies in Hawaii that don't screw them. This policy is one of the key things that makes California a great place to be an employee. Being able to quickly move between jobs opens up so many opportunities for growth and career advancement that it seems like a different world from the tech scene in NY.

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#19
As an employer, I'm quite fine with this - as the law still allows for an agreement to be made about soliciting clients.

If relationship with an employee and my company sours, all I really care about is that poor relationship not transferring to the relationship between my company and my clients.

Artificially locking ourselves into to a bad employer/employee relationship does nobody any good.

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#20

My understanding is that if non-compete clauses are unreasonable then they they are generally unenforceable. As in if they put undue hardship on you finding employment elsewhere. It seems the exception is usually up at the senior leadership and C-level where strategic intelligence comes in to play. (joe/jane-coder not so much.)

Unfortunately "unreasonable" is something that generally requires a court to define. That's a big burden for a worker to bear even in the most justified cases.

especially when said worker that bothers to sue is unemployed.
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