EPISODE · Jan 21, 2026 · 1H 9M
Remote Work Broke Non-Competes (And Nobody Updated the Law) | Adam Klug
from Unlocking the Law · host Brandon Grysko
Recruiter Adam Klug knows what really happens when non-competes enter the hiring conversation. Adam has seen four-year restrictions kill otherwise perfect job offers and he's learned that most people who sign these agreements never actually read them. Our conversation gets into the mechanics of non-competes: what courts actually enforce, why geography clauses written in the 1980s don't make sense in a remote work world, and how one three-way negotiation between an old employer, new employer, and the employee caught in the middle actually worked out. I break down the legal side of non-competes: → The "blue pencil doctrine" that lets judges rewrite your agreement. → The difference between non-competes, non-solicits, and non-poaching clauses. → Why continued employment counts as legal consideration even when it feels like coercion. We also talk about what most business owners never do: dust off their employment documents and ask whether they still make sense. 0:00 Introduction 1:23 Meet Adam Klug: Recruiting in Tight Labor Markets 5:02 Defining Non-Competes and Restrictive Covenants 8:24 Michigan's Blue Pencil Doctrine Explained 11:05 When Non-Competes Kill Job Offers 14:01 The Legal Concept of Consideration 16:07 Warm and Fuzzies vs. The Breakup 25:44 Alternatives to Non-Competes: Non-Solicits and Non-Poaching 29:56 Non-Disparagement in the Social Media Age 35:19 Will There Ever Be a National Standard? 42:06 Best Practices for Recruiters Navigating Restrictions 53:00 Helping Candidates Understand Their Current Agreements 1:03:08 Why Companies Need to Dust Off Their Documents 1:06:43 Closing Thoughts ~~~ This episode is brought to you by Fausone & Grysko, PLC https://www.thefgfirm.law/
What this episode covers
Recruiter Adam Klug knows what really happens when non-competes enter the hiring conversation. Adam has seen four-year restrictions kill otherwise perfect job offers and he's learned that most people who sign these agreements never actually read them. Our conversation gets into the mechanics of non-competes: what courts actually enforce, why geography clauses written in the 1980s don't make sense in a remote work world, and how one three-way negotiation between an old employer, new employer, and the employee caught in the middle actually worked out. I break down the legal side of non-competes: → The "blue pencil doctrine" that lets judges rewrite your agreement. → The difference between non-competes, non-solicits, and non-poaching clauses. → Why continued employment counts as legal consideration even when it feels like coercion. We also talk about what most business owners never do: dust off their employment documents and ask whether they still make sense. 0:00 Introduction 1:23 Meet Adam Klug: Recruiting in Tight Labor Markets 5:02 Defining Non-Competes and Restrictive Covenants 8:24 Michigan's Blue Pencil Doctrine Explained 11:05 When Non-Competes Kill Job Offers 14:01 The Legal Concept of Consideration 16:07 Warm and Fuzzies vs. The Breakup 25:44 Alternatives to Non-Competes: Non-Solicits and Non-Poaching 29:56 Non-Disparagement in the Social Media Age 35:19 Will There Ever Be a National Standard? 42:06 Best Practices for Recruiters Navigating Restrictions 53:00 Helping Candidates Understand Their Current Agreements 1:03:08 Why Companies Need to Dust Off Their Documents 1:06:43 Closing Thoughts ~~~This episode is brought to you by Fausone & Grysko, PLChttps://www.thefgfirm.law/
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Remote Work Broke Non-Competes (And Nobody Updated the Law) | Adam Klug
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