>>Non competes have been tested in indian courts and thrown out.
Are you from India?
People here are afraid to approach the police station even for small issues, let alone take on billion dollar firms and fight expensive cases for years. Even winning means losing in a context like this. People even settle traffic violation tickets with bribes, and you are talking about taking on billion dollar companies.
Also no one even goes this far. Programmers earning 4 LPA are not going to spend years in court, many times its just a hack and most people understand this is just how the system works, and get over it.
>>this is a civil case. this is not criminal. there is no police.
That is in theory. In reality people in power have more than sufficient means to intimidate you and bring you trouble.
>>the onus is on the company to go to court and do this. And this gets rejected. because indian courts have rejected non-competes as a matter of policy.
That is if you decide to stay put despite all this for years and fight it out. Also note I myself pointed out most companies won't bother with this. Because they often have bigger fish to fry.
>>I would suggest you recheck the ground reality.
Would give you the same advice. In fact just try walking into the city civil court in Bangalore and see for yourself how it works there. Many times the advocate has to plan the exact statements to speak, write them down on paper and quickly spit them out in front of the Judge, because there is no time. The Judge himself is generally swamped and has to listen to dozens of cooked property litigation cases everyday. Your case will go sandwiched some where in between, and it will keep accumulating dates and legal fees until you give up. Long before that your will power will run out.
If you are an individual wanting to fight a company that's taking you to court for non-compete stuff the company lawyer will show up do the routine. You have to take leave from your job and deal with all these court hassles. Might as well for your own sanity give up.
Look man I get it, you are trying to sell India in a predominantly US forum. But seriously, none of what you are saying works. In fact not even remotely close.
i see what you are saying and categorically (but politely) refuse what you are saying.
whether you want to take it or not is upto you. India is far far more employee friendly than Europe and most parts of US.
The point of what you are talking about from a legal system is inapplicable to labor laws. I can throw the same Black-Lives-Matters issues in US courts to you and ask you to go and check New York courts for the same.
In the same vein, I can throw Anthony Levandowski case and make the claim that California is unfriendly to employees. Neither of them is true and neither is the fact that India is at all unfriendly to employees.
Quite the opposite we have a rich ecosystem of employees founding startups - Flipkart, Ola, Unacademy, Paytm are the new founding "mafias" of India. There is exactly zero cases of employees have lawsuits by their employers.
Indian (and the US) legal system and their myriad problems are true - with all its racist vs religious biases - but that has nothing to do with California employment practice or the Indian ones
The US courts aren't as much burdened as India's mostly because the society in US works with relatively high degree of fairness, merit and justice in the system. For this reason there is also immense trust in the system. Its not exactly 100% but its high compared to India. I have personally lived there and it works for the most part. It is possible to impeach a president in US on grounds of merit. Try doing this in India without triggering a pogrom, or a major civil strife.
They don't have land sharks raiding and occupying lands illegally, or people faking documents to sell the same lands to 10 people, like its common in Bangalore. The system as a whole doesn't have as much fraud, dishonesty and cheating as much as India. When you have this your courts don't get flooded with pointless cases, which shouldn't even exist at the first place. This allows the courts to focus on real issues, and helps fast track clearance of cases and quick delivery of judgement. You won't have this in India until the society as a whole reforms and moves towards developing universal qualities of merit, fairness and justice. Im not talking of enforcing them, but these values existing and being respected in our society as a part of our culture.
>>India is far far more employee friendly than Europe and most parts of US.
Not even remotely close.
>>There is exactly zero cases of employees have lawsuits by their employers.
Hard fact! That's for a simple reason, these employees don't matter :-). Most hop jobs every 1 - 1.5 years. Until you land a big cheque from the VCs. Then you rewrite your systems anyway.
By the time you settle your case over a decade they might have hopped like 7 companies. The original case is largely meaningless.
Are you from India?
People here are afraid to approach the police station even for small issues, let alone take on billion dollar firms and fight expensive cases for years. Even winning means losing in a context like this. People even settle traffic violation tickets with bribes, and you are talking about taking on billion dollar companies.
Also no one even goes this far. Programmers earning 4 LPA are not going to spend years in court, many times its just a hack and most people understand this is just how the system works, and get over it.