• Catoblepas@lemmy.blahaj.zone
    link
    fedilink
    arrow-up
    9
    ·
    8 months ago

    Weren’t noncompete agreements essentially unenforceable before this because of court rulings? Forcing employers to notify employees of this is definitely good, though.

    • issastrayngewerldkbin@kbin.social
      link
      fedilink
      arrow-up
      11
      ·
      8 months ago

      Unfortunately no. There are people being sued today for violating non compete clauses by their employers. Particularly in the healthcare industry.

      • Catoblepas@lemmy.blahaj.zone
        link
        fedilink
        arrow-up
        6
        ·
        8 months ago

        Jesus, real love for essential workers there. I might be confusing it with district court rulings, either way I’m glad it’s getting addressed!

    • collapse_already
      link
      fedilink
      English
      arrow-up
      6
      ·
      8 months ago

      Prior to this, the restrictions on non-competes varied by jurisdiction. Many were similar to Texas:

      Under Texas law noncompete agreements can be enforceable if:

      1. The noncompete provision is part of an otherwise enforceable agreement.
      2. The non-compete requirement is supported by valid consideration (consideration meaning something of value provided to the employee).
      3. The non-compete requirement is reasonable in geographic scope, timeframe, and activities being restrained.

      The factors were issues for a jury. Even with this change from the FTC, I expect companies will still be able to pursue prohibitively expensive litigation against former employees for things like theft of trade secrets. Even a bogus claim can cost many thousands of dollars to defend even if it is meritless.