What is CDWs stance on the new ruling from the FTC?
They send out multiple notices of your non-compete after you get fired
4 replies (most recent on top)
People leave voluntarily for competitors all the time. I had 2 on my team in the past year alone who split for SHI and all management did was walk them the same day as they gave notice. CDW isn’t going to try to enforce any non-compete, they’re not going to prevent anyone from making a living.
What they WILL enforce is a non-solicitation. If you leave for a competitor (layoff or not) and then try to recruit the rest of your team to your new company, you may end up with a nasty gram from a corporate lawyer.
My understanding is that ruling doesn't go into effect until later in the year and will likely be contested in court. Regardless though, as another person mentioned they are hard to enforce. I have heard of somebody from CDW being terminated for non-compete but that's because they took a second job as a competitor. There's no way the person is gonna fight back on that termination. Seems way less likely they go after the employees who leave for a competitor that isn't taking any info with them and haven't overtly tried to take customers.
Non-competes have been difficult to enforce for years. Depending on your role, they might try to go a different route, like theft of proprietary information. They’ve not been successful in their attempts to enforce non-competes in court to date.
https://www.law.com/delbizcourt/2022/05/17/cdw-sues-former-exec-who-allegedly-worked-for-competitor-despite-taking-3m-non-compete-agreement/
All I can say - if I get laid off and my only option is to work for a competitor, I wish CDW all the luck in the world trying to enforce that non-compete. :)