Maybe you guys are having an is-versus-ought discussion, but under US law giving someone new employment definitely counts as consideration as far as contracts are concerned.
If someone is an existing employee and you want them to sign a new employee agreement, you need some additional consideration besides "we let you keep your job," such as an increase in pay.
IANAL but 'icebraining is accurately describing US law. We nerds in the US need to fully internalize what the law is before we can fight it.
Ah so which of the 52 states plus federal employment law does this refer to? - and in that case why is it rather hard to actually enforce a non compete without payment.
Contracts require consideration[1]. If we agree you will give me $400 tomorrow, that is not a contact. If we agree that I will give you $200 today and you will give me $400 tomorrow, that is a contract.[2]
Employment law in most countries recognises that it is not an even negotiating situation, and thus tends to put substantial restrictions on contract terms in recognition of this.
One of the most common principles across a wide range of jurisdictions is for the default assumption to be that the salary compensates for the tasks and duties carried out in the contract period only.
Further, there's a public policy concern, in that non-competes in extreme cases can make a person unemployable during the period, and force this person onto welfare programs, and society as a whole thus have an interest in ensuring that consideration for potentially making you unemployable is made explicit and coming due if/when you're actually prevented from taking up a job.
>> Employment law in most countries recognises that it is not an even negotiating situation, and thus tends to put substantial restrictions on contract terms in recognition of this.
This is very important, and something that very often gets lost in discussions of employment contracts, minimum wage etc etc.
The prospective employee needs to make rent. The prospective employee needs to eat. These are very basic and powerful motivations and we (as a society) should not let business take advantage of these to low-ball on pay or impose onerous contract terms.
