How Common and enforceable are non competes?

Started by
13 comments, last by swiftcoder 3 years, 1 month ago

GeneralJist said:

side projects.

I don't think an ex employer can bar you from working in the same industry after termination, besides just bad mouthing you

Well, the term “non-competes” has a dual meaning. The type where an employer bars you from working in the same industry is not something a lowly employee will see in an employment contract. That sort of clause only applies to executive types and people who start AAA companies. It's not anything you need to concern yourself with.

-- Tom Sloper -- sloperama.com

Advertisement

Not right now anyway.

-- Tom Sloper -- sloperama.com

Tom Sloper said:
The type where an employer bars you from working in the same industry is not something a lowly employee will see in an employment contract.

Sadly, no. About 20% of US employees now are under no-compete contracts. Higher in fast food at one point.

GeneralJist said:
Do non Competes stipulate not working in the same industry only, or do they mean no work at all outside your main employer?

Depends on the specifics of the non-compete. In my experience they tend to be worded something along the lines of “in any industry in which the company operates”.

If you work for a dedicated games studio that's likely only going to prevent gaming-related projects. But if you work for an in-house studio at a bigger company (such as Sony, Microsoft, Amazon, etc), well, “any industry in which the company operates” can become pretty broad…

Also be aware that there's typically an additional clause where the company owns side-projects made using any work-provided hardware or software. Folks often keep a very strict “firewall” between personal and work computers/phones/accounts to avoid running afoul of that one.

Tristam MacDonald. Ex-BigTech Software Engineer. Future farmer. [https://trist.am]

This topic is closed to new replies.

Advertisement