Massachusetts Governor Announces Plan to Abolish Noncompetes
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Massachusetts Governor Announces Plan to Abolish Noncompetes
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Re: Massachusetts Governor Announces Plan to Abolish Noncompetes
#2I've been asked to sign a post-employment non-compete agreement several times. I never have, because I ask for a simple stipulation: for the length of time you don't want me to work in this field, you need to pay me the same salary.
Everyone agrees that this is fair, and then never mentions the non-compete agreement again.
Re: Massachusetts Governor Announces Plan to Abolish Noncompetes
#3Non-competes are anti-business, anti-innovation and feudal. I have never signed one.
I can't tell you how many times I have been asked to sign one that locks up your skills, which you are bringing to the company that they might not have yet, solely for them for years even though the project might only be 3-6 months.
I applaud this effort immensely in MA, there is no place for non-competes in the US. It is entirely anti-business, funny that fighting against this anti-business and anti-small business process comes from the liberal NE.
The game industry also has a big problem with this, you can't even work on games outside of work while at a major studio (why almost every game developer has to break out on their own rather than stay at a company -- game devs in MA will cheer this). Treating skilled workers badly and shutting them down the moment they aren't working for you. How is that not feudal in nature?
NDAs/confidentiality, contracts while being paid for work, that is understandable, non-competes should never be signed unless you are paid during that tenure at a premium, opportunity cost is huge. MA legislation is actually doing some good work for the individuals, smalls and mids here, the engine of America.
Next up, remove taxes for small companies until they reach a certain revenue threshold.
Re: Massachusetts Governor Announces Plan to Abolish Noncompetes
#4I've been asked to sign a post-employment non-compete agreement several times. I never have, because I ask for a simple stipulation: for the length of time you don't want me to work in this field, you need to pay me the same salary. Everyone agrees that this is fair, and then never mentions the non-compete agreement again.
I use something similar
"I'd be happy to sign a perpetual non-compete contract so long as it includes a clause that you'll continue to pay me at current salary (with a yearly cost of living increase pegged at inflation) as long as the contract is in effect. If you wish to cancel the non-compete after it takes effect, you agree to a six month notification and run-down period".
I'd need the six month period so I could move from my retirement home in Malta or Corsica or wherever and get a job again.
Re: Massachusetts Governor Announces Plan to Abolish Noncompetes
#5Limited non-compete agreements have value to startups. It's not unreasonable to want to protect the company's intellectual property, business plans, product roadmap, marketing strategy, etc. from someone who comes in, works for six months, and leaves to start a competitor.
Certainly large companies are abusing these agreements. However, so long as the non-compete is agreed at the time of hiring, is restricted to a year or so, and isn't so broad as to prevent the (ex-)employee from taking any new job, it doesn't make sense for a startup not to ask for one as part of the employment offer.
Of course, like any other part of the employment agreement, non-competes are subject to negotiation.
Re: Massachusetts Governor Announces Plan to Abolish Noncompetes
#6It's worth knowing, maybe just because it's interesting, than even if pro-forma employee noncompetes are unenforceable, that doesn't mean all of them are. Get acquired sometime. Those noncompetes are binding, even in California.
Re: Massachusetts Governor Announces Plan to Abolish Noncompetes
#7I've only ever had to sign non-competes when working for contracting companies -- those only prevented me from doing the same job for the same client for a competing contractor. Seeing as how cutthroat the contracting industry is around major tech companies, and the limited scope of the non-compete, it makes some sense to me.
Re: Massachusetts Governor Announces Plan to Abolish Noncompetes
#8I've only ever had to sign non-competes when working for contracting companies -- those only prevented me from doing the same job for the same client for a competing contractor. Seeing as how cutthroat the contracting industry is around major tech companies, and the limited scope of the non-compete, it makes some sense to me.
Yeah, those are pretty fair given the situation and since most contracts include a hire clause that pays a finders fee to the contracting company. In that situation the non-compete basically keeps everyone on friendly terms.
Re: Massachusetts Governor Announces Plan to Abolish Noncompetes
#9They're damn near impossible to enforce unless written very carefully and specifically, and in general they're just a distraction and a waste of time. Good move, Massachusetts.
Re: Massachusetts Governor Announces Plan to Abolish Noncompetes
#10I've been asked to sign a post-employment non-compete agreement several times. I never have, because I ask for a simple stipulation: for the length of time you don't want me to work in this field, you need to pay me the same salary. Everyone agrees that this is fair, and then never mentions the non-compete agreement again.
Some of the jobs I've had or looked at made employment contingent on a non-compete. In those cases, saying something like this would mean finding another job.
Depending on your skills, your area of expertise, and your reputation, this may or may not be a big deal to you personally, but it's not an option for everyone. My last employer (when I was straight out of college) would have just shown me the door if I said something like this.