If I take the voluntary enhanced severance then how long is the non-compete in force and which potential future employers does it apply to?
If the maximum severance is 6 months but the non-compete is 12 months then that shouldn't be legal and it certainly Ian fair. That's a major deal breaker.
non competes are largely unenforceable in right to work states. Thats why they spread out the severance, so if you do something they dont like at least they can have a recourse.
That said, non competes to slightly matter, because if your new company thinks theres even a chance of a lawsuit it will discourage them from taking that risk with a new hire. Thats why its a question on applications sometimes.
In the real world though im telling you. no one really cares 99.9 percent of the time.
its certainly legal. thats what you are agreeing too contractually and its been the standard agreement for years.
You guys sure have a warped sense of what you "think" an employer had to do. In reality they "can" dismiss you tomorrow and give you nothing. This is a right to work state.
they dont "really" need an excuse
What competitor do you think will be hiring within the next year? 1A has layoffs too. Unless you are C level, can't imagine this carrying any weight in the decision.
I'm not 100% sure but I think you sign the non compete during your severance meeting when you sign everything. I think it's a year from exit date not end of severance date.
Did you have a non compete that you signed before you were severed? Maybe when you were hired.
I had an employee ask your very question at another employer. Hired a lawyer and it sounded like they might have a case. State was TX