Non-compete clauses in employment contract are THE way that business is done these days. Is it possible that employment and non-compete contracts were separate? Yes, it is likely possible, but for all employees everywhere I hope that such abominations are non-standard.
I hope that Best stay INTACT (with Stiewe/team together), but with new management, and perhaps new ownership - stronger and smarter hands. But really, if comments on this forum are thought to place Best in greater jeopardy, well, they were already finished.
I do not know what is going on at Best so it is hard to say...but on the non-compete....
Several states have outright made them illegal. It is definitely not THE way it is done in technology...and to be frank it would surprise me if a kite company would try to pull this.
You'll not be able to hinder a reasonable employee from seeking employment other places as long as they do not disclose secrets... in this case it would be the he could not take the designs he made for Best and use them or disclose any secret in terms of production...which obviously wouldn't of any interest...there aren't many secrets in kiteboarding.
interesting - have had a friend overturn non-competition clauses - he went along with it when he sold it but that they were not worth much at all - well to court to start a similar business - instantly overturned..
is the "oppressive" like a right to provide for yourself /your family - i am no expert - just interested
Whether a clause is "oppressive" or not is most frequently related to the length of time the non-competition clause is to apply.
If Best doesn't actually have kites to sell then it seems like a really dick move to screw the shops out there who bought inventory from them at wholesale pricing. And with Best not having any available inventory to sell then it makes those shops with Best kites more valuable to those who want the 2017 models.
Before our order I send mail - is available kite to ship? Priscilla M. (from Best Sale Department) sent me mail that all is in stock and I can make order for kite (It was 12 June). Till now nothing happen - our order staus is processing. Nobody answer for my mail. Today all products in Best shop is out stock. I think BEST BANCRUPT.