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by cesarb 1193 days ago
> Get a lawyer, ensure it's not enforcable, then sign it. If you're in CA, sign it. If you're in MA and there is no garden leave clause, sign it. Then do what you want.

What if the law changes and now it's enforceable? What if you move to another USA state, or to another country, and it's enforceable there?

2 comments

> What if the law changes and now it's enforceable?

Before that happened, I'd remind my lawmaker of both my generous giving and also how valuable my personal time and network has been, relative to any campaign donation, in terms of winning and keeping the seat.

If it happened anyways, I'd move my primary residence.

> What if you move to another USA state, or to another country, and it's enforceable there?

That's not how non-competes work in any US jurisdiction of which I'm aware.

Even if it were: if a company wants my labor -- and enough do that I'm not concerned about finding takers -- then they have to hire me in a state where I'm comfortable with non-compete law. I don't care about in office vs remote, but I do care about non-compete law. Companies shop around jurisdictions. In-demand labor should as well.

what if the people who hired you are total idiots and take you to court anyways?
Counter-sue for damages consisting of the total value of my foregone compensation package (which are typically 2-4 year packages). Triple real damages because enforcing a prime facie unenforceable contract is an unfair and deceptive business practice. I would be more than happy to be the test case for this novel theory.

My strong suspicion is that no competent employer has the balls to do anything other than settle the counter-suit (less about the $ amount than the precedent), and my even stronger suspicion is that I'd win the triple damages if the poor sops in legal were desperate enough for a severance package to try and fight.