My solution for this nonsense would be to make things such that a noncompete is only enforceable as long as the employee is being paid their highest wage in the previous two years during the entire time of the non-compete and they were limited to a maximum of 2 years (both limits are required to avoid certain gamesmanship).  If you make this salary only (not stock), it has the bonus of screwing over bogus $1 CEO tax-dodge salaries too.<p>If it&#x27;s actually that important that they be kept off the market, they should have to pay the salary during that time.  If it&#x27;s not important enough to pay them for, then it shouldn&#x27;t be had.