27 votes

OpenAI employees' move to Microsoft: Non-compete regulations?

Non-compete clauses are not enforceable in California unless it in conjunction with the purchase of a business. This has been true for a very long time. On top of that, this year (2023) a law was ...
George White's user avatar
  • 12.6k
13 votes

How can a company compel a W2 employee to sign a non-compete agreement?

A company generally cannot compel an employee to agree to a non-compete, but they have a wide variety of alternatives for inducing employees to do so. Most obviously, they may threaten to fire ...
John Bollinger's user avatar
10 votes

How can a company compel a W2 employee to sign a non-compete agreement?

I assume you are working in the US outside Montana (corporate headquarters is not so important). It depends on how long they are presently required to keep you on. If you have an at-will contract (...
user6726's user avatar
  • 215k
5 votes

Noncompete agreement - Esthetician

Such a clause must be presented before or at the same time the offer is made. The (somewhat new) law NH RSA 275:70 says Any employer who requires an employee who has not previously been employed ...
user6726's user avatar
  • 215k
5 votes
Accepted

Can code logic be copyrighted?

Algorithms can be patented, e.g., https://en.wikipedia.org/wiki/RSA_(cryptosystem)#Patent (and see, e.g., https://en.wikipedia.org/wiki/Software_patent for further discussion). Copyright is only for ...
John Forkosh's user avatar
4 votes

Does a non-competition clause bond me to a minimum term of employment?

Some jurisdictions tend to favor non-compete agreements, others hold most of them to be unenforceable. From a very quick search, BC is a little reluctant to enforce them, but they can be valid if ...
David Siegel's user avatar
4 votes

How can a company compel a W2 employee to sign a non-compete agreement?

Can they? Well, they'd sure like it if you signed. I'll guarantee you that their agreement is entirely to their benefit, and not to yours. This happened to me once, back in the halcyon days of the ...
Bob Jarvis - Слава Україні's user avatar
4 votes

Is a non compete clause in an offer letter enforceable in Texas?

It is very unlikely that such a sentence ("A 6 month non-compete/solicitation is required") is enforceable, because it is way too broad. The reasonable interpretation of the sentence is that ...
user6726's user avatar
  • 215k
4 votes

Does an NDA cover "non-compete" needs?

A Non-Disclosure Agreement (NDA) prevents a person who agrees to it from repeating certain information to anyone else. This will often include trade secrets and other confidential information. The ...
David Siegel's user avatar
3 votes

Will my employers contract hold up in court?

You need to hire an attorney to deal with your specific situation. I won't offer a judgment of the likelihood that you would prevail in court, but I will point to some basic principles that suggest ...
user6726's user avatar
  • 215k
3 votes

Will my employers contract hold up in court?

IANAL; I am not your lawyer. If you want specific legal advice, retain a lawyer. In general, non-compete clauses in employment contracts need four things (Arizona source: https://www.allenlawaz.com/...
sharur's user avatar
  • 8,775
3 votes

California non-compete laws: where do they come from?

Overview California's prohibition on non-competition clauses was part of the Civil Code it adopted in 1872 which was written predominantly by David Dudley Field II, whose first major accomplishment ...
ohwilleke's user avatar
  • 206k
3 votes
Accepted

What are my legal risks if I break a non-competition agreement with my current employer? (UK)

Restraint of trade clauses are tricky. They are only enforceable if there is a legitimate interest which needs to be protected and only to the minimum extent needed to protect that interest. Therefore,...
Dale M's user avatar
  • 205k
3 votes
Accepted

Can contract have a clause that changes the contract

Yes, this is a very common use of a "reading down" provision used in lots of contracts, albeit worded in an unusually clumsy way.
Dale M's user avatar
  • 205k
3 votes
Accepted

Ideas discussed are general, do they still fall under a signed NDA/NC?

NDA provisions in general are rather similar. In particular the ones covering the exceptions to the confidentiality obligations required to the receiving party. Such provisions normally have the ...
paul black's user avatar
3 votes
Accepted

What qualifies as a Non-Compete Clause

A noncompete clause is a section of a contract whereby one party agrees not to compete with another party. These agreements are usually (always) limited as to time, geography, and scope. In other ...
jqning's user avatar
  • 8,667
3 votes

Can a non compete clause prevent clients from being serviced by an entire company?

From the information given, Clinic A has not entered into any contract with Clinic B. Hence, Clinic B may have acted in bad faith when they told the client to shun A. This may be grounds for damages.
MSalters's user avatar
  • 5,524
3 votes

Can an employer force me to quit my old job, claiming it's a conflict of interest, if I never agree to it in an employment contract?

You probably would not be "obligated" to do anything. However your employer also would not be "obligated" to continue employment. If you agreed to something verbally, that is a ...
J. Win.'s user avatar
  • 339
3 votes
Accepted

Effect of non-compete of ex-employee clause after legal merge in Netherlands

From point 4: transferring all rights and obligations of Company A to Company B Among those rights and obligations are the rights and obligations arising from Company A's agreement with Employee. ...
phoog's user avatar
  • 36.9k
3 votes

Non-compete clause with a bus factor of 1

united-states Could I defend my position by arguing that since my current employer won't be able to provide skillset "D", I'm only carrying on serving those clients because "there is ...
ohwilleke's user avatar
  • 206k
3 votes
Accepted

Non-compete clause with a bus factor of 1

While the enforcement of non-compete agreements varies a lot by location and situation, this is a text-book example where it IS enforceable. Taking existing clients without permission is very much a ...
Hilmar's user avatar
  • 1,323
2 votes

What qualifies as a Non-Compete Clause

It would appear that you are actually talking about a "non-disclosure agreement", or "NDA." If you recruit a collaborator to work with you, you also have to copyright your code, which is essentially ...
dwoz's user avatar
  • 2,601
2 votes

Admissibility of screenshots of personal accounts on company computers

The answer is rather complex. There are three legal concerns. First, was the evidence obtained illegally? If so, it might not be admissible given the "exclusionary rule". The second is whether the ...
user6726's user avatar
  • 215k
2 votes

legal term explanation required

Anti-competition clauses are legal under UAE law, see here and here. Article 127 of UAE Labour Law specifically allows non-compete clauses related to access to clients of business secrets, provided ...
user6726's user avatar
  • 215k
2 votes

Job offer withdrawal because of non-compete

New company first. You and they have a binding contract and neither of you have legitimate grounds to terminate it. If your new employer repudiates the contract you can sue them for damages at ...
Dale M's user avatar
  • 205k

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