united-states workplace
Can a company prevent you from leaving and work for another company?
<p>Can a company prevent you from leaving and work for another company? Working at a company with a toxic boss and a toxic culture and I am wondering if they may try something funny on me. Is that possible, and what are the recourse? I don't think there's any clause in my contract. At least, I only remember there being a salary mentioned on my contract, and people kept leaving every 9 months or less than that. So is there anything I should be worried about?</p>

<p>As the comment by Ron Beyer mentions when a company wants to impose such restrictions they are normally done through non-compete, non-solicitation, and non-disclosure agreements, as well as via trade secret law. Note the word &quot;agreements&quot;.</p>
<p>&quot;Restrictions on working in the field&quot; are simply a form of non-compete agreements.</p>
<p>A company cannot, legally, simply impose such agreements on its employees. It can require an employee to sign such an agreement as a condition of employment, and it can often require such an agreement from a departing employee as a condition of a severance payment.</p>
<p>Exactly what is covered by such an agreement depends on its terms, and those vary widely. In most US states there are limits on the scope and duration of such an agreement. In some states the restrictions can be broad and of fairly long duration, in others they must be narrow and of fairly short duration. An agreement that goes beyond a given state's limits will not be enforceable in court, if the defendant brings that fact up.</p>
<p>Trade secret law can prevent an employee from disclosing the trade secrets of a former employer to a new employer, or indeed to anyone else. But that does not prevent a former employee from getting a new job in the field, as long as the employee does not disclose any trade secrets.</p>
<p>If an employee has signed, or is asked to sign, such an agreement, it is a good idea to consult a lawyer with employment law experience.</p>
<p>If the state is known, I could edit this answer to include the limits, if any, on such agreements in that state.</p>
