employers have other ways to protect themselves that make more sense

will, thanks for sponsoring such an important piece of legislation.

i’ve signed over a dozen non-competes in software and life science industries on both coasts.

too often they lead to ill-will and excessively long legal discussions leading to acceptance of a intentionally vague document, because its “standard” and/or “un-enforceable”

i’ve come to understand, however, that employers have many other remedies that are more precise and reasonable than general non-compete clauses:

no-poaching of clients for a specific term
no-poaching of employees for a specific term
non-disclosure agreements of trade secrets (including business procedures)
and others

as a founder of software company in Mass, i have tailored my employee agreements to meet the needs of highly job-mobile employees, treating them way i’d like to be treated in their position, while still protecting my business.

let’s protect our workforce and request that employers work a little bit harder to be fair.
non-competes are a drag on the fast-moving industries that we want to thrive in Mass.

kyle hart

2 replies on “employers have other ways to protect themselves that make more sense”

  1. Good for you Kyle! You are enlightened.

    As most of them are constructed, NCAs are only slightly less stupid than patents on software and lifeforms. None of them carry much legitimacy because effective ideas do not arise out of nothingness in hermetically sealed corporate environments (emphasis on “effective.”) Life isn’t like that, only the law is, and we shouldn’t put lawyers in charge of innovation (no offense, Will!). Regarding protecting intellectual property, nearly all proprietary claims are specious to a significant degree, at least the ones that patent examiners see. It’s the implementation, packaging and delivery, stupid, not its inner concepts that give an invention force. Those require organizational acumen and are very difficult to transplant to another locale. So stop worrying about chimeric possessions and follow the Force.

Comments are closed.