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Originally Posted by Fifth Element In understand this varies quite a bit by jurisdiction. Where I live, non-competes are enforceable. I know they're not in other locales. |
They are enforcible, to a point, in most places around here, but usually with respect to direct competition, as opposed to unfair leverage to keep someone from seeking general employment in the various industries.
i.e. A semiconductor company could keep an engineer from working for the competition, in the exact same, or closely related role, that is currently filled, however they could not keep them from a further afield position.
Most the times that they have failed, quite regularly, has been when the NCA's have been applied vindictively and without reasonable merit, as you cannot keep someone from working, simply because they decided that they wanted to leave a company, as it is massively unfair to workers, while simultaneously being over empowering an employer.