this post was submitted on 27 Sep 2023
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Antiwork
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A community for those who want to end work, are curious about ending work, want to get the most out of a work-free life, want more information on anti-work ideas and want personal help with their own jobs/work-related struggles.
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Date Created: June 21, 2023
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In several countries they are outright illegal unless the person is paid for the non-compete period.
In the US, however....
From what I've read and been presented as long as you can prove they stop you from being gainfully employed they are barely worth the paper printed on. I could be very wrong though.
In any " At Will" state. A few states might have some ridiculous shit going on.
California for the most part considers these illegal agreements.
Every US State is an "at will employment" State.
https://en.m.wikipedia.org/wiki/At-will_employment
That's a very different and far less employee friendly situation.
In your case an ex-employee can still be stopped from taking certain better paying jobs (because he or she can still find what the Law deems as "gainful employment" even if paying less) all the while the ex-employer pays nothing for limiting the freedom of that person, plus the onus of proof if fighting the non-compete is on the ex-employee, not on the ex-employer.
Meanwhile in those other countries the ex-employee has to pay the ex-employer for the non-compete (and if it's taken to court prove that they were paying for it) or the non-compete simply gets thrown out by the court, with no need for the ex-employer to prove anything.
Your is not a good and fair situation because an entity can still leverage its position of power to obtain benefits (quite possibly very significant ones) from a person after the period of a contract is over without having to pay for it, it's simply not as extremelly bad as becoming unable to feed yourself (by not being able to find "gainful employment"). Sure you're not completelly totally fucked, just very fucked.
That's not at all comparable with the situation were by law they have to pay an ex-employee for it and it has to be set in stone contractually from the start (i.e. if they don't used it it's their problem) - in your case the ex-employee starts from having his or her post-employement choices limited at no cost for the ex-employer and having to dig his or her way out of it whilst in less shitty countries the ex-employer has to have a proper contract with actual monetary compensation to obtain that benefit of an ex-employee refraining from taking certain jobs, even it ends up being useless.
I'm actually shocked so many people seem to think what you described is a good thing, when it's clearly a "the employee is still fucked at no cost for an employer, just not so totally fucked they end up homeless and starving to death".