> You can sue people for not working at their job? There are many people who simply stop accomplishing tasks when they want to be laid off or fired.
Then let them quit and go somewhere else. NDA cover corporate secrets, non-compete are anti freedom, anti competition and should be illegal. If your employee stops working then perhaps you should question the way you do business and how you manage your work environment. Usually it's a clear sign you treat your employees like shit. They should have all the rights to go work in a better environment whether it is at a competitor or not doesn't matter.
The parent was commenting on fairness, I was positing a situation that was unfair to the employer. Please stop fighting the hypothetical, it is unproductive to the discussion.[1]
It would be unfair for you to have to pay them for shoddy or nonexistent work it is similarly unfair to keep them from doing said shoddy work at your competitor. I'm not seeing any problem.
Then let them quit and go somewhere else. NDA cover corporate secrets, non-compete are anti freedom, anti competition and should be illegal. If your employee stops working then perhaps you should question the way you do business and how you manage your work environment. Usually it's a clear sign you treat your employees like shit. They should have all the rights to go work in a better environment whether it is at a competitor or not doesn't matter.