Quote Quoting llworking
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It also might be pertinent that he was laid off...that the company was eliminating all staff in the position he was in. That might make a judge tend to throw out a non compete entirely.
Although I agree with this, I do want to just correct the terminology (and yes, I know if was the OP's usage first and you're just quoting). Technically, a layoff means that there is a real possibility of recall. He was not laid off - he was RIF'd. He WAS technically fired, but it's a firing due to a Reduction In Force and not due to any deficiency on his part. I know, I'm splitting hairs, but I'm hoping the OP will also see this and characterize what happened correctly when it comes to other employment. No, he doesn't have to use the word fired but he should use RIF rather than layoff.