Herb Kelleher had made David Neeleman sign a non-compete before he got let go from SWA/Morris. David Neeleman honored it...Canada got WestJet out of the deal. I don't know much about David Neeleman's morals other than that he's Mormon, but it's proof that you can keep your deals and still prosper. Just because you don't violate the law doesn't mean it's right.
Yeah. I was mostly just saying that non-compete isn’t set in stone pretty much anywhere. It’s like a lot of contract law... how much is litigating it worth to you...
In other words, it’s just the first round of money negotiations in most businesses and for us normal non-exec shrubs very few businesses see any dollar signs going after anyone making a regular salary for it. Unless their retained lawyers are particularly bored that day and need some billable hours for the bean counters.
Quite a few jurisdictions will almost immediately throw out cases involving keeping someone from working in their chosen profession too. Varies by State but it’s not a bet most lawyers will take to court.
Anyway. Goes along with one of my favorite sayings, we get as much justice as we can afford. If someone has a personal axe to grind and a fleet of retained lawyers, all bets are off. You’ll be bankrupt before they will.
I’ve crossed things off of non-competes that were poorly written to exclude hobby and community / charity work and tossed it back at numerous employers in my primary work. Gives the bored lawyers who wrote bad boilerplate garbage something to do.
“You’re not excluding my charity work to hire me, sorry. You get eight hours of my day, not 24. If you want 24 we can talk a new price for that.”
Aviation... well it’s the “shortage thread” and it might not be wise to redline even the lamest legal doc tossed at you, enforceable or not. It’s a “choose wisely” thing.
Anyway. Huge tangent. Apologies. Just fun relating the reality of them outside aviation... pretty useless. The longer the contract docs become, the more entertaining they are to read and rip to shreds... if you need to.
As a fun aside, one redline I did led me to talking to the corporate attorney to clarify a couple things and as we talked she shared that her hubs flew corporate, so we had a nice chat that day. Later he donated some older flight sim gear to me to give to a youngster interested in aviation. Just showed up at the office address months later.
Wasn’t contentious at all, it’s just the lawyer’s job... but that was a nice blast of humanity into the paper pushing process.
