Re: layoffs and non-compete

[Lou Forlini <lforlini@xxxxxxxxxxxxxxxxx>]

At 10:24 AM -0500 10/31/01, Mark Villa wrote:
>If an employer is laying off, and you feel you may be soon, and take action
>(look out for #1) and go to work someone who falls into the non-compete
>clause how well does that contract stand.
>
>During normal times, I understand that their are exceptions etc. and it is
>case by case, but in these times I imagine it is more *or* less vigorously
>enforced.
>
>What are your thoughts?

    The only time I've seen non-competes actually enforced is when
someone left to start their own competing business, or when a client
hired the person away from a consulting firm that was assigned to
their account.  Oddly enough, I've never seen it done simply for
going to work for a competing firm.  Sometimes a lot of threatening
noises are made, but most people are smart enough to realize that
they can't take any of their clients with them (or proprietary code),
so it ends there because no real damages can be proven.

    If you're truly worried about being sued, you could just wait
until you actually got laid off or suffered some kind of adverse
action, such as a pay cut or reduction of hours, before you went to
the new employer.

    Regards,

    - Lou Forlini
      Software Engineer
      System Support Products, Inc.