Antiwork

Due to being overbroad, these kinds of boilerplate agreements are largely unenforceable of challenged.

However most folks can't afford the lawyer.

These are "non-enforcable" in some states.

I don't see how this is legal in any way to force you to sign an agreement like that. I'd be searching for a new job the second a company even consideres forcing me to sign. Also, I'd probably be petty enough to "accidentally" leak classified information that multiple others know of on some forum on TOR just to spite this kind of behavior.

That definitely seems like a case where a consultation with an employment lawyer is necessary. The non-compete is super broad and vaguely defined making it potentially unenforcable. They didn't even define what a "reasonable amount of time" is. It could just be 1-2 months. And if you were forced to sign it then and there or lose your job, that opens up even more possibilities to have this thrown out.

But local laws on non-competes vary a lot making any advice from the internet pointless. You might also have to take some actions rather soon after signing it or it will stick. So spending $200 on a short consultation could pay off in the long run. If you shop around for a bit you might even find a free consultation.

In several countries they are outright illegal unless the person is paid for the non-compete period.

In the US, however....

In the previous multinational where I worked, the US lawyer made it clear that non compete clauses are typically unenforceable and should be removed because they tend to piss people off.

Now YMMV, but from that, I always took that these clauses are one of those "we'll add it even though it's completely unenforceable and illegal but it's there anyway to scare you into submission" things

Referred to as restraint of trade clauses where I am, and they aren't enforceable under most circumstances. Any other job where I'm able to apply my specific experience could be considered a direct competitor, doesn't matter. Similar clause was in my amended contract a few years back, I raised it with my boss and he told me not to worry about it for that reason. I said just remove it then if there's no reason for it and they did.

Italian here. This kind of non compete agreement are legal here as long as the employee gets compensated with a raise high enough to justify the terms. So a judge may rule in favor of the employee if the contract is too strict or if the pay raise was not high enough.

It seems fair enough doing that way.

As others said you may need a lawyer to look over it which can be expensive, however, since many employees are affected, you can pool your resources together and split the lawyer fees.

As it is, point 2 from this page seems relevant:

https://www.maxwellgoss.com/post/beat-your-non-compete-five-ways-out-of-a-non-compete-agreement

Your non-compete may include language stating that its purpose is to protect confidential information. But if the employer never gave you access to such information—or if the information it gave you is known to the public and thus not actually confidential—then the agreement may not protect a reasonable business interest. Similarly, if the non-compete claims to protect customer relationships, but you were not working in a customer-facing role, it may be that no legitimate interest is being protected

I never understood these. They make you sign these non-competes as part of a contract agreement.

If you quit or they fire you, guess what.... no more contract! Therefore, any agreements in it are poof, gone.

Or so it should be.

Love all of the folks saying these are unenforceable with confidence.

A non-compete cost me a job offer once. Some states have “selective enforcement” as a defense against suits from corporations towards persons. In short: this means that a company may weaken their ability to enforce the non-compete if they don’t pursue litigation against you for violating their non-compete. Even going to litigation or arbitration against a corporation could bankrupt a white-collar citizen before getting a verdict on such a case.

I recommend trying and put off signing the agreement as long as you can and look for new opportunities if you can (feign ignorance if ya have to). I wish I would have delayed signing, as I probably could have bought myself 6 months with how sloppy the company was run.

I had an employer at one time that tried these contracts and tried to go after anyone that took a job anywhere in the same field of work. When I say this, I don't mean like direct competitors, it was more like if you took a job in tech, that was close enough.

It was a miserable company and I'm glad I no longer work there.

They aren't legitimate and the fact that the state considers them such is why the state itself is illegitimate, among other reasons.

Big 3, Op?