I’m guessing a non-compete doesn’t count if they fire you or ‘let you go’. Cause if they didn’t want you working for someone else, they shouldn’t have gotten rid of you.
The best way to think about it is whether a provision within a non-compete makes sense to a reasonable person. In other words: Is it unreasonable? A likely not enforceable provision would be “cannot work for a competitor in the same State” due to how broad and how restrictive that provision is to the old employee. A court would look at that, at the industry, and pretty much every time say that the old employee cannot be reasonably expected to move themselves and their family out of State for a new job.
Gotta be purely logical though. Just because it’s bullshit doesn’t mean it’s unreasonable.
I’m guessing a non-compete doesn’t count if they fire you or ‘let you go’. Cause if they didn’t want you working for someone else, they shouldn’t have gotten rid of you.
The best way to think about it is whether a provision within a non-compete makes sense to a reasonable person. In other words: Is it unreasonable? A likely not enforceable provision would be “cannot work for a competitor in the same State” due to how broad and how restrictive that provision is to the old employee. A court would look at that, at the industry, and pretty much every time say that the old employee cannot be reasonably expected to move themselves and their family out of State for a new job.
Gotta be purely logical though. Just because it’s bullshit doesn’t mean it’s unreasonable.