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by indymike 1248 days ago
Outside of trade secret level engineering, pharma and biotech, I've never seen a non-compete enforced because the employer was actually worried about real competitive advantage.

I have seen plenty where some Junior Vice President got angry at someone for quitting, and decided to sue to make that person's life hell. I've made several hires (sales, marketing, engineering, even executive) where the JRVP calls and tries to threaten my company with a lawsuit. My answer is, send over what it will cost to hypothetically settle, and we'll talk. Never once have I been given a number or sued. I assume this is because, A) they know the non-compete is unenforceable or B) the non-compete doesn't exist, or C) it's punitive with no real harm in the marketplace from the hire.

3 comments

I've both seen non-competes for software development and been sued in the last 10 years. I was partnered with someone who had signed one when we founded a company, which I immediately withdrew from. No need to get involved in a project that has legal problems before a revenue stream.
> I've never seen a non-compete enforced

I have. Tiny company had a coder go off to another company in another state that they were approximately in competition with. They sued. Don't know the outcome, but I know it when to court.

Trade secrets already get legal protections so the non-competes aren't relevant there anyway