Hacker News new | ask | show | jobs
by hwstar 3815 days ago
Don't know, as I am in CA. Someone from MA would have to answer this. The reason I won't consider jobs in states where noncompetes are legal is because employers will force them on employees during the hiring process (usually by surprise after the employee has given notice at there previous employer).

Noncompetes would be almost fair if it was required to compensate the employee for the duration of the time it is enforced. In the US, that's rare, but in the EU it not uncommon (gardening leave). In other words, the real underlying reason that noncompetes are used is to limit job-hopping by employees looking for better working conditions or a higher salary, but under the guise of prevent company secrets from being disclosed to a competitor is what is sold to the legislature.

3 comments

I've worked for 5 companies since I've lived in MA, I've only ever had to sign a single non-compete, over 10 years ago. None of the places I've worked since have had them. I've never met anyone in MA that had one enforced.
Every one of the 4 companies I worked for in MA rolled out the non-compete on the first day of work. Not one of them even mentioned it beforehand.

Sadly, it's just par-for-the-course for being a high-tech employee in MA.

Even if you beat the cases easily, I don't want to face the potential stress and lawyer overhead to adjudicate one. It probably takes a long time to come to a judge. It just sounds bad. So I imagine companies think this will discourage people from moving jobs, even if its not enforceable.
Seems a little weird to avoid 90% of the country for this reason. Why not just ask at the beginning of the interview process? Do you know of cases where a company has lied about their policy until after the candidate has quit their old job?
They may not lie, but they will attempt to dodge the question. You may also be deemed a troublemaker if you probe too much. (Which is probably OK, as you don't want to work in such an environment)

They want the docile job candidate who will sign anything with no questions asked.

I totally understand avoiding companies like that, I just think discounting almost every state because of the possibility of a non-compete is way too extreme. I'm early in my career, but I've never had to deal with a non-compete even though they're legal, and I don't think the behavior you're describing is very common, especially for non-entry-level positions.
In Washington state, all the big companies,medium companies, and startups I have applied to use noncompetes. Amazon, Facebook (I'm pretty sure), google, microsoft, all use noncompetes.