“ I’m calling you out for playing internet lawyer and lying about what the law is.”
Well, I don’t know one way or another if the can enforce them (I certainly think it would be illogical to be able to), but based on the standards YOU DEMAND, it’s now up to YOU to prove your assertion that he’s lying.
See how that works? Let’s see your proof that he’s lying. You made the claim and per your standards, you must now back it up.
#turnaboutisfairplay
Your post is asinine. He made the claim that there is a decision of the United States Supreme Court that says non-competes are unenforceable if you aren’t getting paid (layoff or termination.)
The burden is on him.
The burden doesn’t shift because someone calls him out as a liar. He made the claim, I don’t have to prove a negative.
Beyond that, I did link everyone to a State by State resource that affirms that what I said is correct. This is a matter a State law. The law varies State by State, and in many, employment non-competes are absolutely enforceable after the end of employment.
#Perhapsreadingisntyourstrongpoint
But, just for fun, we can run a lexisadvance search (something that actual lawyers have access to) and here are a few cases where non-competes were found to be valid and enforceable after the end of employment:
Ethicon, Inc. v. Randall, 2021 U.S. Dist. LEXIS 102119, at *69 (D.N.J. May 28, 2021)
Clifton Steel Co. v. Trinity Equip. Co., 2018-Ohio-2186, ¶ 41, 115 N.E.3d 10, 20 (Ct. App.)
Firstenergy Sols. Corp. v. Flerick, 521 F. App’x 521, 529 (6th Cir. 2013).
Nordetek Envtl., Inc. v. RDP Techs., Inc., 677 F. Supp. 2d 825, 843 (E.D. Pa. 2010)
#Whenyoucanpassabarexamcomebackandtalktome