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416 points throwarayes | 1 comments | | HN request time: 0.203s | source

Just a note of warning from personal experience.

Companies don’t really need non-competes anymore. Some companies take an extremely broad interpretation of IP confidentiality, where they consider doing any work in the industry during your lifetime an inevitable confidentiality violation. They argue it would be impossible for you to work elsewhere in this industry during your entire career without violating confidentiality with the technical and business instincts you bring to that domain. It doesn’t require conscious violation on your part (they argue).

So beware and read your employment agreement carefully.

More here https://www.promarket.org/2024/02/08/confidentiality-agreeme...

And this is the insane legal doctrine behind this

https://en.m.wikipedia.org/wiki/Inevitable_disclosure

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wbl ◴[] No.44342074[source]
IANAL but as I was told by some who are:

They can say that all they want, but that isn't what the statutes or case law about trade secrets says. in California state courts take a very dim view of this sort of overreach.

replies(1): >>44342172 #
1. fc417fc802 ◴[] No.44342172[source]
That is exactly what I'm wondering about. At least a few states have severely limited noncompetes and even outright banned them in specific contexts. I have to wonder if a nondisclosure twisted for use as a noncompete would survive the courts in one of those states.

I'm also skeptical how enforceable this theory is in general. Have there been any noteworthy cases of employees getting screwed over that rested on it?