That’s not as obvious, because the employees probably wouldn’t work in that jurisdiction to begin with, or they’d just move to a competitor in such a jurisdiction. Even in such jurisdictions they’re not as binding as you’d hope!
An industry norm around gardening leave, however, can catch on and play well (companies are concerned about losing their trade secrets). I think it would apply some pressure against such a situation, but it would be possible to engineer similar situations if everyone wanted out of the LTBT (even just not doing the gardening leave and having the new org foot the legal bill)
If the problem is an employee rebellion, the obvious alternative would be to organize the company in a jurisdiction that allows noncompete agreements?
That’s not as obvious, because the employees probably wouldn’t work in that jurisdiction to begin with, or they’d just move to a competitor in such a jurisdiction. Even in such jurisdictions they’re not as binding as you’d hope!
An industry norm around gardening leave, however, can catch on and play well (companies are concerned about losing their trade secrets). I think it would apply some pressure against such a situation, but it would be possible to engineer similar situations if everyone wanted out of the LTBT (even just not doing the gardening leave and having the new org foot the legal bill)