I've been reading the press on this monkey business with IBM and Dell over Dell's new SVP of Strategy who was formerly IBM's Corp Dev guy. Google the title below if you want the WSJ take.
Here's what I find disturbing - David L. Johnson, the guy this all centers around, played around with his agreement because he didn't want to agree to it and IBM was withholding equity awards until they got a signature.
So instead of forcing the issue, not taking the equity and being above board with his issue - he turns it around and signs in the wrong place to make the agreement invalid. Then he collects his quity and is happy until IBM comes after him to stop him working at their competitor.
Now I think non-compete agreements are bogus in general but I leave a few loopholes:
(1) I don't think you should purposely move from your current job to a competitor if you can't be trusted to keep the secrets of your former employer.
(2) I think non-compete's should be eliminated and only done on the basis of severance. If a company thinks you're valuable, they should pay you severance and make not competing with them a condition.
Having never met David L. Johnson in real life, I hope it turns out that there are facts at work here beyond what's reported in the papers. If it's true that he pulled monkey business around this agreement, took a job at a competitor and basically gave IBM the finger - Dell should fire him right away. It shows that he will blatently screw over his employer to get the best deal for himself. What happens when he pulls the same shenanigans at Dell and moves to HP to help them get ahead.
I just wonder how some of these executives look themselves in the mirror in the morning. Aren't they embarassed that they tried to pull a fast one on the company that helped feed their families, pay for their childrens college and made sure they had health insurance.

