[lordnacho]

But bonus depends on how the team did plus individual perf... politics.

How do you establish what the person would have gotten paid?

[snovv_crash]

Take the average over the last years? If the employer doesn't want to pay that then the employee can always go work for a competitor, right?

[eszed]

That's why he suggested "average of preceding years". Maybe you allow companies to appeal to reduce the amount based on a decline in profits leading to reduced bonuses for employees on identical schemes, but... Meh. If they want to use non-compete clauses I think they should bear that risk. It will make companies think hard about on whom they should impose them, which in my opinion is the point of creating restrictions.

[stephencanon]

Right. They can always release them from the noncompete if they find it onerous.