I am talking with my company about a layoff. package. There is a non compete clause in my contract, if my company wants to enforce a non compete, should they pay me? The reason is that my employment would be limited if they try to enforce that

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I would point out the non-compete and either ask them to waive it as part of layoff package or ask them to compensate for the period on top of layoff package. On a side note, non-competes are rarely enforceable in court and usually companies are very hesitant to enforce specially in cases of involuntary lay offs. Just my opinion based on similar circumstances

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Thanks! What u said is in alignment with my understanding. Should I check with a lawyer about that or have the company check with their lawyer?

I think if you have a non compete, for the x amount of months(let’s say three). You can earn half pay or something and get back paid through your signing bonus from the competing company to make the difference or have something similar negotiated. At least to where from when you accept the offer you have some kind of compensation until you can technically start at your next role.

smart

If you are with like a firm pillaging from competition is fairly common so usually there is some kind of mechanism where you’ll immediately turn in your work materials and can kind of chill while you wait for the noncompete to close down. It’s more on your current employer to keep you afloat if they are preventing you from working elsewhere for a while but you can negotiate a higher signing bonus because of the hassle of working around a non compete clause.

If you get laid off how can they reinforce a non-compete clause non-sense. I agree with RHG1

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