Re: layoffs and non-compete

["Richard B Baird" <rbaird@xxxxxxxxxxxxxxxxxxxxx>]

Mark,

It all depends on your current employer.  If they feel "damaged" by your
going to a competitor, they could sue - maybe not successfully, but just
the threat of a lawsuit and the costs involved in defending it can have a
chilling effect on you or your new employer.

When I was an employer, the non-compete was more as a deterent for the
stealing of intellectual property and/or customers (mostly customers - we
weren't all that intellectual :-) .

We didn't want to place someone at a client only to lose them to the
client, or for them to go to another company and take the client with them.

That said, most non-compete clauses are uninforceable if they hinder
someone from making a living in thier chosen field.

hth,

Rick

>"Mark Villa" <markvilla@knology.net>
> To: <midrange-nontech@midrange.com>
> cc:
> bcc:
> Subject: layoffs and non-compete

>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?
>
>
>Mark Villa in Charleston SC