Non-competes
Curious to hear about experiences when having a non-compete with old job and trying to move to new job (individual contributor/1st line manager type roles). Do they get enforced? Which companies are/aren't known to try to enforce them? Any states in particular have laws making enforcement tougher for companies?
Just because a past employer made you sign something, doesn't make it valid. Get an attorney to look it over. For example, as another poster mentioned, noncompetes are invalid in California, which also tends to have a big portion of the tech industry located within it.
They are seldom enforced because it's not worth the effort. On the occasional enforcement, it's usually more about the IP than the person. They always end up in the press and the enforcing company is usually portrayed as the villain. We peons are almost never worth the hassle.
don't worry about it. when you leave your current job, play it safe and name some non competitor company if they ask where you are going.
Not enforceable in California, unless you are a founder.
That's not correct
Had a company make threats once, lawyer said they are largely unenforceable and no one even tries.
Enforceable in Midwest , was sued, and settled for $500 or 1000.
Wow, sorry to hear that. Hope it turned out okay in the end.
Chicago?
The most action I've ever seen on these are people getting a cease and desist letter in the mail for trying to recruit former coworkers and trying to snag clients before the NC term has expired. I have heard horror stories, but those seem to be rare. Btw, everyone should think really hard before signing any non-compete with a non-specified or egregiously long NC term, like something lasting years or indefinitely. Get a lawyer to look over one of those first to see if it can actually be upheld. If so, it could be your career and your life being put in jeopardy. Probably best to walk away before The Company owns your soul.
Texas noncompetes are enforceable but it takes some work. I saw one technical assistant level worker get canned because his ex CEO threaten his new company (who folded).
Non solicits are enforceable in California which bar people from soliciting their old coworkers to leave their employer and join them. Non competes are not enforceable unless it's in the context of the sale of a business and the person selling their stock can have a non compete enforced against them but they have to be reasonable in time and territory. Generally I see three years or less and the territory has to match the territory of the business that is being sold so classic example is dentist that sells practice - non compete can't be all of the US because the dentist was not serving the entire US. It has to be limited to the dentists area from which he drew patients.
Non-Competes are unenforceable in California.
Note. The company has to be headquartered in California.
There's a difference between where a company is incorporated (DE for most cases) and it's headquarters (Corp headquarters). The latter determines non-compete laws amongst others. Having said that, CA courts have at times ruled that CA's non-competes (read lack of) apply to non CA corps.