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North Main Hokie

Joined: 01/01/2005 Posts: 1863
Likes: 457


The question is really who holds the leverage


In this case, they do. If you go to work for a competitor, the grantor of the options can simply revoke your options, claiming a violation of the non-compete. Then it would up to you to sue them and try to prove you're not actually violating it. You probably won't do that, so you'd have to decide if the hypothetical new job is worth the risk of losing the options.

I got a severance package a few years ago, with an associated non-compete. I absolutely did not violate the non-compete as long as the severance checks were rolling in, for the reasons I described above. Once the checks stopped, the non-compete became a lot less meaningful, because my former employer had nothing on me. They would have to have sued me, which probably wouldn't have been worth their time either.

(In response to this post by WestyHokie)

Posted: 02/05/2019 at 3:18PM



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Current Thread:
 
  
How legal are noncompete requirements from employers? -- WestyHokie 02/04/2019 3:53PM
  The question is really who holds the leverage -- North Main Hokie 02/05/2019 3:18PM
  Thanks for all the responses ** -- WestyHokie 02/04/2019 10:24PM
  Rarely enforced from what i understand ** -- HokieDan95 02/04/2019 8:55PM
  Here's what I don't understand about your post -- MrBayAreaHokie 02/04/2019 8:18PM
  Options vest annually -- WestyHokie 02/04/2019 10:23PM
  So,are they accelerating the vesting? -- MrBayAreaHokie 02/05/2019 09:33AM
  Could mean that -- MrBayAreaHokie 02/05/2019 11:51AM
  State by state -- MrBayAreaHokie 02/04/2019 5:34PM
  It's usually a state by state thing. -- ElbertoHokie 02/04/2019 4:02PM

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