Well since OP's giving that warning he might've been impacted and could tell us more.
replyI didn't see any references in the article you linked to any cases where it had been enforced. I see a lot of commentary that validates the concern, and a listing of half a dozen states where they are being struck down.
replySo the callout to be wary of them is totally legit... but it doesn't look like they are going to be enforceable when such things go through the courts.
Yeah the warning is: you may, like me, find a litigious paranoid former employer who freaks out at everything :-/
replyI’d rather not carry the cost of learning it’s not enforceable.
They tried: https://www.ftc.gov/news-events/news/press-releases/2024/04/... (see top note)
replyNot sure how that's going.
Technically, maybe, but effectively, nobody is going to be able to withstand BigCorp's 100 lawyers whose mission is to bury you in legal fees if you push back. By the time that you confirm these things are unenforceable, you've spent your life savings on $millions in legal fees, and possibly gone into crippling debt. In the legal system, might (wealth + lawyer quantity) makes right.
replyAs I recall from John Akula's Corporate Law class, judges in the US tend to be sympathetic to the following argument:
reply"Defendant has never worked in any other industry. He has three kids. He's gotta work."
(That's for regular employees--it's a different issue with founders who may have significant equity stake and such.)
The "bury in litigation" is overstated. Since it's the _company_ that is going to sue you, there's a limited amount of shenanigans they can do.
replyThe worst is that they can delay the case for years, leaving you in a legal limbo. Or go after your employer, involving them in the discovery process.
It sounds like moving to California for a year would be way cheaper.
replyYou'll probably still end up in court even if the plaintiff will likely lose. Maybe cheaper, maybe not.
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