NCAs are already largely unenforceable anyway. Federal and state laws prohibit them except in cases of direct competition and the employee having specialized knowledge or skills. And even then, they can’t be for long periods of time, and if they would prevent the employee from a livelihood they can’t be enforced.
Usually what happens is someone who has a NCA will be hired by a new employer. That employer will see how long the NCA is in force and just have the employee on the payroll but not working until it expires. That, or they will pay the penalty in the NCA, whichever is cheaper.
Twitter is in direct competition with Facebook/meta/threads. And Twitter layoffs were 6 months or less ago. And these guys presumably have specialized knowledge.
So it seems like many of the criteria would be met.
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NCAs are already largely unenforceable anyway. Federal and state laws prohibit them except in cases of direct competition and the employee having specialized knowledge or skills. And even then, they can’t be for long periods of time, and if they would prevent the employee from a livelihood they can’t be enforced.
Usually what happens is someone who has a NCA will be hired by a new employer. That employer will see how long the NCA is in force and just have the employee on the payroll but not working until it expires. That, or they will pay the penalty in the NCA, whichever is cheaper.
Twitter is in direct competition with Facebook/meta/threads. And Twitter layoffs were 6 months or less ago. And these guys presumably have specialized knowledge.
So it seems like many of the criteria would be met.