Yet despite the fact that only _maybe_ executives should be subject to enforceable non-competes, it is the case that just about every new hire has to sign a non-compete clause at most tech companies. In fact, the only people with enough leverage to successfully be able to push back against a non-compete are the very execs who the non-competes are meant for.
You're right that the fear has more power than the non-compete itself, but the reality then is that companies en masse employ a politics of fear in their contract language.
About a year ago, I lost a new job before starting because the new company didn't want to deal with legal threats from my former employer. They agreed with my lawyer that my former employer wouldn't have a strong case, but they expressed concern that it would look bad for them to be involved in litigation.
The CEO who had been threatening to sue me and the new company was removed in June, presumably for unrelated reasons. Last week, he announced that he was taking a job which _my_ noncompete certainly would have prohibited me from taking.
Now, I don't know if he had a noncompete with my former employer. Perhaps he was able to negotiate it away. Maybe he was granted permission. Maybe he'll get sued, but I think that's unlikely because they have to know the new company will have his back and that they don't stand a chance of winning.
Whatever the case, it shows who the system works for.
You're right that the fear has more power than the non-compete itself, but the reality then is that companies en masse employ a politics of fear in their contract language.