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this post was submitted on 24 Dec 2023
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They are rarely enforced and when they are it is usually due to some sort of significant financial loss the company suffered. Normally a company is not going to waste time and money taking a cook or cashier to court over quitting a job at McDonald's then going to work Burger King. But a senior software engineer working at Google going to work for Apple could have some real financial implications, so they'd be more likely to pursue legal action against that person. Still kinda bullshit in my mind but I get it.
Yeah but California has already banned non-competes, has for years, and Google and Apple seem to be doing just fine with the financial implications.
Also non-competes are different from NDAs.
There's still protections. Apple just got rocked for stealing the entire dev team from somewhere and just wholesale copying the code. Which is on Apple, not the worker. They could absolutely have taken them for an adjacent project (it was sensors in smart watches) using the same sensors. Or paid a licensing agreement for what was there with a right to improve it.
No, unless you mean something quite different than that title. A large company will have hundreds or even thousands of senior software engineers, and it’s really not something that should be restricted with non-competes
To be valid, a non-compete should: