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If you can spare a few bucks, a comrade is fighting a legal battle right now. They kicked a Nazi out of the tattoo shop they worked for, were fired, and is now struggling as their former boss is enforcing a noncompete clause, preventing them from working.https://www.gofundme.com/f/lawyers-and-lawsuits …
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Hey thanks for the share
it means the world. - 3 more replies
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They aren’t enforceable.
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Very difficult, but unless the guy can get a lawyer to tell the other side "You know you'll lose, we will see you in court, and get costs and damages" he's still stuffed.
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Not an employment lawyer but how do you enforce a non-compete after firing someone?
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You would have to serve a Cease and Desist letter upon the former employee and the file an action for injunctive relief against the employee if he/she fails to comply with the initial letter. You likely will have to list any new employer as an interested party defendant as well.
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Non-compete clauses are not enforced in California, for good reason. They keep the little guy down. It's anti-American IMO. Capital shouldn't be able to steal labor's product AFTER employment. Bad enough it does it during employment.
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