For a working stiff, even a skilled one, a non-compete is essentially of no consequence. I ignore them. One has to be pretty high in the food chain (like executive level) for a non-compete to have power. A non-compete can not prevent somebody from earning a living using their skillset, regardless of how said skills were obtained.
However, a non-disclosure is a different animal and has much more teeth.
It boils down to if theyll take you to court and whether or not you can afford to battle it out. You will more than likely win but your average joe probably cant afford it. I mean if it can be dismissed early on thatd be great but its an if. I signed mine in California, which doesnt recognize non-competes, so i wasnt scared of it. Begs the question why theyd have me sign one but alas i know not. I wrote my original post in reply because they said it was of “questionable legality” which i took to mean something the company could not do.
It is also hard to get a job in any industry where experience is valued and on the job training for the bright green newbie is rare. And speaking of unions, What exactly do you mean by “an in” with a union? If you have the minimum qualifications and certifications you can apply for membership and take your chances at work just like any other member or applicant.
I seriously suggest you do some heavy reading of the history of American maritime and dockworkers unions. Learn where they came from, why, and where before you include unions in your something to hate even though you know zero about it list.
It can be difficult to get union jobs. While maybe someone can join as a C Book, All that gets you is the right to hangout at a union hall far from home for months.
Certain union officials were famous for selling jobs.
American Maritime unions are ineffective at best, under bidding each other in a race to the bottom, and often run by a bunch of corrupt crooks who are in the shipowner’s pockets.
Never live in fear. It’s up to them to sue and try to enforce it. Even if they get a judgment, it’s up to them to collect. Chance of it all happening to a average worker like us…almost zero.
And if they do you have to shell out money for every little preliminary motion, or hearing. It was never a question of if they will or not just if they could. Which they can. Im not offering advice on disregarding or following the agreement just saying the companies can have you sign a non-compete as a condition of employment. The repercussions or lack thereof of breaking said agreement was not involved with my initial response.
They have to shell out money for that too, it costs them as much or more. Consider it as a business decision, what’s their pay-off if they win? Probably not much, if anything. They will need to prove economic harm, and if you have ordinary skills widely available in the labor market, they will get nothing. It’s likely all they’ll do is have their lawyers send a threatening letter that they may never follow up on and hope it scares you off.
yeah it costs them and depending on their size as a company a drop in the bucket. If the object is to scare other employees then its mission accomplished. Just arguing possible scenarios here for a motivation. The original point was that yes companies can have you sign the non compete as a condition of employment is all.
Most companies will never enforce it on some line worker or what have you - I do agree with you.
I assure you most NON COMPETES are not worth the paper they are printed on. A company cannot prevent you from working elsewhere, period.