They are basically two questions, but kind of related, so asking in same post

  1. What is the normal notice period in US when resigning? And is it an issue if a company is asking for more than couple of months of notice period?

  2. What is the legal value of non-compete clause in that agreement? That you will not work in the same industry for a set period of time after leaving the company. For example, if you are a software developer working at Netflix, you won’t work on any other streaming service / application for set amount of time after quitting / leaving the job.

  • radix@lemmy.worldEnglish
    7·
    13 days ago

    1. Usually no notice is required. There can be consequences, but none of them involve jail or anything. Quitting with no notice may get you put on a “never rehire” list at the company. Your reputation among your network may suffer and make future prospects more difficult. If you are receiving any company benefits that require a certain time of employment (education reimbursement, etc), you may owe some cash back for those. It should be detailed in your employee handbook or contract. If there’s someone you trust to probe at HR with specific concerns, you can try that, but they are there to protect the company, not you, so tread carefully. Otherwise, find a lawyer

    2. Depends on the state. Some states ban non-compete clauses entirely, some others have an income threshold, and some don’t have any specific language either way.

  • DagwoodIII@piefed.socialEnglish
    7·
    13 days ago

    If you’re at the level where a non-compete clause is going to come up, you should talk to a lawyer.

    For most salaried jobs, two weeks notice is considered appropriate.

    • HubertManne@piefed.socialEnglish
      3·
      13 days ago

      everyone at my last job had a noncompete snuck in with a stock gift (that had to vest as well). Did not need to be at a high level at all. I think higher ups had some more stock option type of things that plebs did not.

        • HubertManne@piefed.socialEnglish
          2·
          13 days ago

          it was basically a thing to sign for the gift shares and in it was a bit adding the noncompete to the employment contract you signed with the company. it was really bs. I did not even think to keep a copy of the thing so basically I just know it as a rumor about the thing. Reall lips to asshole move on my and many people at the companies part.

            • HubertManne@piefed.socialEnglish
              1·
              13 days ago

              oh I have no issues taking the stock. it was a pretty piddling amount though and im more annoyed I did not notice the poison pill. i mean I would have taken it anyway given I doubt any action would come from the noncompete and actually I have been out of work for over a year anyway so I think its moot.

      • m_‮f@discuss.onlineMEnglish
        4·
        13 days ago

        Generally you’ll have sign an employment contract that you should check, and have a lawyer look over if it’s going to matter. A lot of non-competes on paper are unenforceable, but IANAL.

        OTOH, the threat is sometimes good enough. I know a hair stylist that left her job and had to work other jobs for a year. The non-compete was almost certainly unenforceable, but the owner at her previous employer was crazy and petty, and likely would’ve tried to throw lots of legal resources at it.

        • dresden@discuss.onlineOPEnglish
          3·
          13 days ago

          That’s pretty crazy. I think the argument can be made that main skill of Software Engineer is developing software and they can do that in other fields, but for someone like hair stylist not allowed to work in the same field, I can’t even imagine that.

  • m_‮f@discuss.onlineMEnglish
    6·
    13 days ago

    Generally speaking, in the US, you can leave with no notice. I’m sure the company would like a couple of month’s notice, but I’m not aware of any way they could force that (IANAL). There’s situations where it might matter, like if you signed something that has language like “i’ll keep working for you for at least a year, if you pay for my school”, but at that point you should talk to a lawyer.

  • HubertManne@piefed.socialEnglish
    4·
    13 days ago

    Most states are at will so no notice is required but its polite to give two weeks and a company can promise things to sweeten giving them more notice. Like severance or such. This is state by state so im not sure which ones actually have an onus for a notice period but mine does not. I think non competes can be anything which is bullshit but it should limit itself to the same industry. Many times the contract does not exactly spell that out though making you paranoid of what can and cannot given if an employer asks you. Its bullshit and a lot of guess work.