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In states that presently discourage non-competes, employers could easily offer parting employees a "stay at home" wage of say one third salary, yet they do not. Which implies they do not value non-competition anywhere near what the employee does.

In general it's impossible to put a price on an unworkable concept. Attempting to do so just adds token compensation as a fictional justification for the existing problems.




Massachusetts now has 50% garden leave. But it’s not a panacea. Some see that and go where can I sign up. But the reality is that, for a lot of people, hanging out and maybe doing some side stuff for a year for half their former base pay isn’t a great or even practical option.


I threw out one third as some middle of the road attempt, but yeah in reality that number is going to be much closer to the full salary [0] and that's precisely my point.

Market based incentives only work if there's a clearing price.

[0] Or even higher if a new position would be a significant raise!


Garden leave is better than nothing because it at least puts a cost on an employer but it's very situational.

For some people, at some points in their lives/careers, a one year sabbatical at half salary is manna from the gods. For others, they were planning to shift towards a significantly different role anyway. For still others, it's a big speed bump in their careers and, anyway, how are they going to pay their mortgage and their kid's college?


Sadly, it doesn't apply to NCAs signed before the new law.




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