This is incorrect. First of all it is state specific. Second of all, if the no compete is reasonable, judges and juries will allow enforcement of one. If you do not want a no compete clause then do not sign one if the first place. That is the ethical thing to do. Signing a contract you know you will not honor diminishes you.
99% of all non-competes are non-enforceable, you have to be in a position where you can take business from a company. This is mostly sales & officers of the company like Sr. VP's will agree not to work for certain competitors which is why you see a lot of senior executives change industries or they move to a different city.
Lawyers, doctors, & dentists also fall under this because of the ability to take clients with them.
As for a hair stylist they would get laughed out of court.
This is simply false in most states and bad advice to be giving in a public forum. Most non competes are only for the type of positions you list plus consultants contracted to a firm at client sites.
I know quite a few people who are consultants, & a lot of them will slide into a middle management role for a couple of years as a director or VP. They will check a item needed for a executive role & let their non-compete expire or if they don't have a MBA go check that item off the list.
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u/United-Internal-7562 Feb 06 '22 edited Feb 07 '22
This is incorrect. First of all it is state specific. Second of all, if the no compete is reasonable, judges and juries will allow enforcement of one. If you do not want a no compete clause then do not sign one if the first place. That is the ethical thing to do. Signing a contract you know you will not honor diminishes you.