It’s funny, when you are working as a lawyer all you think about is how to be a “zealous advocate” for your client. So, including a non-compete provision in an employment contract is a “no-brainer”. You know it’s your job to make it as broad as you can and no thought is given about the consequences on peoples’ lives. However, as Todd Hixon shows, the non-compete provision is effectively a handcuff that bars potential entrepreneurs from fulfilling their vision. In so doing, it serves to protect the interests of more established companies. Though some states are still struggling to decide how to handle these provisions as the move into the future, there is at least one state where they are completely unenforceable. In that state no employer can hold you hostage and you are completely free to move ahead with any ideas you may have. That state is… (well, I’ll let Mr. Hixon tell you).
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