Does getting laid off mean we get released from the Non-Compete Agreement some of us signed?
7 replies (most recent on top)
The "non-compete" agreement pertains more to the PSG 26 and higher employees who know the trade and business secrets. For everyone else, do as you please. Give back to Chevron as they did unto you.
Thanks for answering, folks. I feel more comfortable now. I try to avoid being sued if I can, but I like making money more than I hate lawsuits.
A "non-compete" agreement is not worth the paper it is written on. First off, does that agreement clearly and legally define "non-compete"? No, it does not. Therefore, go ahead and GET WET, MOFU, GET WET!
2016 severance program has already been approved by the board and it is the same as the 2015 program. Yes, it is a "benefit" and like all benefits it can be modified or cancelled at the company's discretion.
Another reason why Texas rules. This is a right-to-work state, they can stuff their non-compete up their respective asses here.
As drafted, noncompetition and nonsolicitation restrictions typically will apply for a specified duration following a termination for any reason, including an involuntary termination such as a layoff. Generally, under Massachusetts law, the fact that an employee was terminated in a layoff (as opposed to leaving voluntarily or being terminated for cause) is not by itself a basis for refusing to enforce a noncompete. (Note that some other states’ laws are different. For example, in New York, while the issue is not entirely settled, most courts will not enforce an otherwise valid noncompete if the employee has been involuntarily terminated without cause.)
They remind everyone laid off about the continued applicability of nondisclosure obligations and other restrictive covenants. I hope this helps.