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Comment by bradchris

5 years ago

Noncompetes are illegal and unenforceable in California, where Repl.it is incorporated. So if he signed a noncompete, it would actually be Repl.it that is in the wrong here, not him.

I am not sure they are 'illegal' - do you have a source for this? That being said, most non-competes are not enfoceable in Californina that's true. And that is a very good thing imo and a net positive for innovation.

  • According to the California Business and Professions Code Section 16600, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.”

    https://leginfo.legislature.ca.gov/faces/codes_displaySectio....

    This does not make contracts containing such clauses "illegal", but rather unenforceable in court. The student could sign a contract saying "I will not work on a company that competes with Repl.it", and he did, and the company tried to sue him over it with that as the only claim, then the court would quickly grant a motion to dismiss the lawsuit.