Not only is 100% not too much, but it’s the minimum that should be required. The cost of requiring a NCA should be high; that ensures they are only used when they are really worth it to the employer.
Not only is 100% not too much, but it’s the minimum that should be required. The cost of requiring a NCA should be high; that ensures they are only used when they are really worth it to the employer.
Exactly. So per the non-compete, you'd have to take a position where you are only 40% as valuable as you could be—and the 60% noncompete makes up the difference.
If an honest engineer sees a problem which is exactly the same as one she solved at a previous company, and it is still the best solution, she will solve it in the same way. This has nothing to do with company secrets, it’s basic tradecraft. But it’s covered in many of these agreements. They’ve got to go, plain and simple.
(I was of course being a bit facetious with the 40% metric—real life isn't quite so simple—but saying the noncompete should have 100% compensation is silly. That would only make sense if your ability to work was being completely taken away)
It's probably a bad deal for people who are extremely specialised and want to stay that way, but it'd be a pretty good deal for people like me, who love an excuse to learn something new.
For me the key word here is "most". I interpreted the previous comment as implying that previous employers should pay for the opportunity cost of you not maximizing your value.
Unless you are prevented from getting job that leverages _any_ of your previous experience...such as requiring a new career shift. In that case 100% compensation could be merited. Otherwise 100% is not likely to equal the opportunity cost to the employee.