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> the employee should get paid 1.5 times the annual average total compensation they had for the previous 2, 3, 4 or 5 years, whichever is best for the employee.

Wouldn't everyone quit after having two unusually good years back to back?




The company can choose not to enforce the noncompete and thus be off the hook.

I see this as an "all or nothing" type thing. When the employee quits, the company decides to enforce or not. If they enforce, they're on the hook for the entire noncompete period. No deciding after a month not to continue enforcement.




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