Garden Leave for 90 days and Pay?

So it’s been crazy hard to find a new ER role with my non compete but I managed to do it somehow. I’m in my early 20’s so don’t have a huge savings built yet.

My former employer (haven’t told them my resignation yet but plan on it once I get the official paper work from the new company) has a 90 non compete.

There’s no language in there saying that they will or have to pay me? Should I expect payment?

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If you are in New York they can’t even enforce this and they know it. Negotiate it down to a month if push comes to shove, and ask for pay. The FTC is not fucking around on this issue and they know it. With that said 90 days isn’t egregious, on the buy side it can be double for quadruple that which is also becoming a very difficult thing to enforce with new non compete rules likely coming out in next 60 days that could retroactively invalidate all these agreements or make it painful enough they won’t even bother with it. 

 

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