Latest / Job Hopping with Fexingo: Tenure, Loyalty, and the Modern Career Resume / How Job Hopping Changes Your Non-Compete Strategy
Transcript
- Lucas: If you've changed jobs every 18 to 24 months over the past few years, there's a good chance you signed at least one non-compete agreement without thinking twice about it. And that might be the single biggest legal risk you're carrying right now. Luna: A non-compete — the clause that says you can't work for a competitor for a certain period after leaving. A lot of people treat it like boilerplate, but for job hoppers it's actually a ticking clock. Lucas: Exactly. And the problem is compounded when you've signed multiple agreements across different states. So today I want to focus on one specific case: software engineers in Massachusetts. Because the 2018 law there changed the game, and it's a good lens for understanding how non-competes actually work — or don't — for frequent movers. Luna: Before we dive in — Lucas, I know we don't do ads, but this show exists because some listeners chip in monthly. We keep it ad-free, and that support is what makes episodes like this possible. Lucas: Yeah, it's a small group of people, but it genuinely funds the whole operation. If you've found this helpful for navigating your own career moves, you can find us at buy me a coffee dot com slash fexingo. No pressure — just the truth of how it works. Luna: Right. So back to that Massachusetts law. What did it actually change? Lucas: So before 2018, Massachusetts had no specific non-compete statute — they were governed by common law, which meant judges had broad discretion. The 2018 law did three big things. First, it capped the duration at 12 months. Second, it required the employer to provide 'garden leave pay' — at least 50% of your salary during the restricted period. And third, it made the agreement unenforceable if you're laid off, unless you're actually paid. Luna: Garden leave pay — that's key. If you're job hopping, you're often leaving voluntarily, so employers can enforce a 12-month ban but they have to pay you. That changes the calculus. Lucas: It does. But here's where job hoppers get tripped up. When you start a new role, you're often handed a stack of documents to sign on day one. And one of them might be a non-compete that references your previous employer's trade secrets. If you've already disclosed something inadvertently during the interview or onboarding, you could be in violation before you even start. Luna: So the act of onboarding itself becomes a legal landmine. You're trying to prove your value, maybe you mention a process you used at the last company, and suddenly you've breached a confidentiality clause. Lucas: Right. And the risk is higher for job hoppers because you've done this multiple times. Each new employer has its own non-compete, and each one may have different geographic scope, different definitions of 'competitor,' different durations. If you move from a company in California — where non-competes are essentially unenforceable — to one in Massachusetts, you might not realize how much more restrictive the new one is. Luna: California, North Dakota, Oklahoma — a handful of states basically ban them. But most states enforce them with some limits. So if you're hopping across state lines, you're potentially accumulating obligations that conflict. Lucas: That's the nightmare scenario: you sign a non-compete in Massachusetts, then a year later you get an offer from a competitor in Texas, where enforcement is more employer-friendly. Your new employer's lawyer reviews your old agreement and says, 'You can't work here for 12 months, and we're not going to risk a lawsuit.' Suddenly the offer is rescinded. Luna: That's a real cost of job hopping that people don't talk about. It's not just about resume gaps — it's about legal constraints that follow you. Lucas: There was a case a few years ago — a senior engineer left Amazon for Google, and Amazon obtained a temporary restraining order blocking her from starting. That case settled, but it sent a signal. And for job hoppers, the risk is even higher because you've likely signed more agreements, each one potentially broader. Luna: So what can someone actually do? Before they accept an offer, should they ask for a copy of the non-compete? Lucas: Absolutely. And not just ask — you should have a lawyer review it, especially if you're in a role with access to trade secrets. But there's a simpler step: look at the state law where you'll be working. If it's California, you're basically free. If it's Massachusetts, you've got the 12-month cap and garden leave. If it's Florida or Texas, it's much more employer-friendly. Luna: And what about the recent FTC proposal? That seemed like it would have changed everything. Lucas: Right — in early 2023, the FTC proposed a rule that would ban nearly all non-compete agreements nationwide. It's not final yet, and it will almost certainly be challenged in court. But if it goes through, it would be a game-changer for job hoppers. No more state-by-state patchwork. You'd be free to move to a competitor without restriction. Luna: That would basically eliminate the legal risk we've been talking about. But until then, you have to assume your non-compete is enforceable unless you know otherwise. Lucas: Exactly. And one more thing for job hoppers specifically: if you're leaving a company, don't take any files or data, even if you think it's harmless. That can turn a civil non-compete dispute into a criminal trade secret theft case. There's a famous example from 2020 where a former employee of a biotech firm was indicted for downloading files before joining a competitor. He wasn't even in a senior role. Luna: So the practical takeaway: treat every non-compete as serious, get it reviewed, and be scrupulous about what you take with you. For job hoppers, that discipline needs to become a habit. Lucas: And if you're in a state with garden leave, remember: you might get paid to sit out. That changes the financial calculation of a job hop. If you know you'll have three months of pay while you can't work, you can plan around it. Luna: It also means you can negotiate. If an employer wants a 12-month non-compete, ask for 12 months of garden leave at full pay. If they balk, you know how serious they are about enforcing it. Lucas: Right. And that's the real skill job hoppers develop: understanding the legal architecture around your career mobility. It's not just about finding the next opportunity — it's about making sure the path is clear to take it. Luna: So next time you're handed that stack of onboarding documents, read the non-compete before you sign. And if you've already signed several, maybe it's time to dig them out and see what you actually agreed to. Lucas: Because the worst time to discover you're locked out of a great opportunity is after you've already accepted the offer. Know your constraints before you make the move.