The author makes no reference to a non-compete agreement. His former company claims that he stole their code and put it into his public repo, not that he is violating his non-compete.
If the accusation is false, it's easy to prove. But the problem is that a company can bankrupt an individual with just the legal fees involved in the discovery process and depositions alone, even if it doesn't go to trial. So most folks are forced to yield, as the author is doing.
> But the problem is that a company can bankrupt an individual with just the legal fees involved in the discovery process and depositions alone, even if it doesn't go to trial.
This is the damning thing. It looks like the company is, if not right, at least able to make a reasonable enough claim of rightness to warrant further discussion. However, what if the company was dead wrong? What is to stop an unethical corporate entity from punitively suing employees into cooperative behavior, knowing they cannot pay? Our lawsuit culture is quietly underlying this entire discussion: what if the company couldn't sue this man into legal-fee-poverty in the first place?
If he's not governed by a non-compete, yes, this is outrageous behavior on the part of his former employer. I had not even considered that possibility.
If the accusation is false, it's easy to prove. But the problem is that a company can bankrupt an individual with just the legal fees involved in the discovery process and depositions alone, even if it doesn't go to trial. So most folks are forced to yield, as the author is doing.