Sam Leccia's Debut on hold

[forgop]

Originally Posted by cmitch

Are you speaking of 'Employment non-competes or BUYOUT non-competes?


No such compensations have I seen in my field, nor in any field of a 'creative' nature. Is cigar blending creative? I guess it's a matter of opinion


Where? I used that as an example, only.


Again, was this a pre-employment non-compete or a corporate buy-out non-compete? Buyout non competes are always enforceable, because it's an agreement between a previous owner/CEO and the new buyer to not go into the field of business that the company they sold conducted. A pre-employment non-compete is getting an employee to agree not to enter in a field in which they would compete with their former employer if they were to part ways. The reason why these are seldom enforceable is because there are too many ways an employee can part ways with his employer.

I am not saying that it's okay and moral for a former employee to violate a non-compete agreement. I'm just saying those kinds are rarely enforceable, especially if the former employee can prove there was no ground for his termination or had significant pressure to leave prematurely. Let's not blur the line on what is being discussed. I have no horse in this race, either way, Just adding an observation that's worth about

I'm having a hard time believing anyone would put together a 5 year pre-employment non-compete agreement. This smells of severance/buy-out non-compete to me.