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I’m curious if the Supreme Court has taken up cases about non-competes and analyzed if they violate the constitution since they clearly block individual freedom to pursue a living.
We really need general regulations on non-competes. Bare minimum, it should be required that a company pay you a full salary if they want to block you from seeking employment elsewhere with your skills. If a company really cares that much about stopping competitors from taking advantage of your skillset, they need to be willing to pay up.
Then how would a company protect it's trade secrets?
Edit: My (possibly incorrect) understanding is that rather than having a blanket “everything is our secret” kind of contracts like we have now, the act requires the company to specify what they have that they consider a secret, and to show that they take steps to protect those secrets above and beyond regular day-to-day information exchange within their company.
For example, a list of customers would have to be explicitly identified as “secret”, and handled more carefully.
Is there a place I could learn about non-compete law? I'm curious whether my existing NC could be enforced.
We really need general regulations on non-competes. Bare minimum, it should be required that a company pay you a full salary if they want to block you from seeking employment elsewhere with your skills. If a company really cares that much about stopping competitors from taking advantage of your skillset, they need to be willing to pay up.
Then how would a company protect it's trade secrets?
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Earlier quoted context omitted.
Trade secrets are already strongly and strictly protected at national and state level regardless of non compete agreements. You are never allowed to steal trade secrets or use them elsewhere even if you didn’t sign any agreement about it. An NDA isn’t even technically required. There are state and national laws which blanket ban using trade secrets outside of the company you worked for.
How would a previous employer know what a former employee is telling their current employer about what they know from their former employer? Not saying anything is right or wrong, just that when something is illegal doesn't mean it prevents that crime.
A non-compete agreement doesn't actually "prevent" an employee from working at another company any more than an NDA prevents an employee from divulging confidential trade secrets.
Earlier quoted context omitted.
Trade secrets are already strongly and strictly protected at national and state level regardless of non compete agreements. You are never allowed to steal trade secrets or use them elsewhere even if you didn’t sign any agreement about it. An NDA isn’t even technically required. There are state and national laws which blanket ban using trade secrets outside of the company you worked for.
How would a previous employer know what a former employee is telling their current employer about what they know from their former employer? Not saying anything is right or wrong, just that when something is illegal doesn't mean it prevents that crime.
I wish federal law would just abolish non-competes completely. When I gave advanced notice to Tudor Investment that I would be quitting they threatened to fire me with cause so that they could still enforce the non-compete without paying me in accordance with NY state law. And they followed through with their threat, sending me a letter telling me I was being terminated with cause the day I officially quit. To make t…
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