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Ask HN: How do you remain in one industry with the prevalence of non-competes?

5 points by ilikehurdles ↗ HN
As a software engineer, every employment contract I’ve ever received has had a non compete attached, and it’s never been much of an issue because the companies I’ve worked for haven’t coincidentally competed in the same space. But long term I don’t want to have to learn all about a new business space every time I start a new job, but I don’t see how people outside of California avoid that path.

6 comments

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gregjor
Laws and exemptions vary by state, so research your state.

Non-competes generally require consideration, time limit, and geographic range to be enforceable. Again rules vary by state.

In 40 years working as a programmer in multiple states I can’t recall signing a non-compete more than a couple of times. Obviously lots of people with non-competes change jobs all the time, so I don’t think it’s a big problem unless you actively harm your former employer.

shoo
I once paid for legal advice about a non compete & received advice that it was worded as too broad to be enforceable or that it likely would be diluted & reduced in scope if it ever ended up in court. So getting individual advice is always an option, but might not be cheap.

> I don’t think it’s a big problem unless you actively harm your former employer.

Anecdotally, I've heard of two situations where employees left a business to start their own business directly competing with former employer, in both cases the former employer initiated legal action. In both cases they ended up with viable businesses after a year or two of legal battles. So if you're thinking of doing this, might be worth getting legal advice first.

If you're given a new contract to sign with non competes etc you can always try striking out the clauses you don't like then see what the other party does. This probably isn't a winning move if you really need the work but if you have other options and can afford to walk away it gives you a bit more flexibility to ask for better terms, many things are often negotiable.

sloaken
Most non competes are more psychological than actual. When challenged they usually do nothing. When they go to court they usually fail. One of the big rulings is the non-compete cannot prevent you from working in your field.

That said, if you were the lead designer at a company and held multiple patents, and another company offered a lot of money because they wanted to steal the secrets ... well that would go to court.

giantg2
Is there a sunset time on your's? Most of the noncompetes expire after a set number of months or years. Even during that period you should be allowed to work in the industry but maybe not on the exact same system for a competitor.
curuinor
... You could just move to California, too
probinso
I got 10 years and as many companies. It's never been relevant to my career. I know a bunch of people who moved from isilon to qumulo directly. They are direct competitors and no non-compete was followed.