Employee non-compete agreements have stifled tech startup development in Massachusetts, where the pacts are aggressively enforced, but failed to hold back the IT industry boom in states like California, where they are mostly unenforceable, a panel at Harvard University concluded Thursday.

Non-compete agreements, which generally seek to prohibit workers who leave a company from taking a job with a competitor for a fixed period of time, don't necessarily affect new graduates entering their first job, according to a panel consisting of venture capitalists, a Google executive and academics.

But the agreements can stifle innovation because they particularly hurt experienced, specialized workers -- the type of individuals who are often recruited to help guide a startup, panelists said.

Some instead seek employment in large companies that can defend them against litigation related to non-compete agreements, said Lee Fleming, an associate professor at Harvard who is conducting a research project into the subject.

"They tend to avoid startups, which don't have the resources to protect them," he said. Others leave their field entirely, according to Fleming.

However, Fleming repeatedly cautioned that empirical data regarding the effect of non-compete agreements is scant.

That didn't stop Paul Maeder, a general partner in the venture firm Highland Capital Partners, from calling them "destructive."

He laid out a hypothetical scenario that banked on the premise a successful company will, over time, spawn five successful startup companies.

Maeder posited that individuals from those organizations in turn will form their own enterprises, creating a geometric progression resulting in hundreds of companies -- even accounting for the fact that many startups will fail -- after just a handful of "generations."

"Now what happens if we have non-competes that discourage startups before they even get started? They're the silent killer," he argued.

Other problems surround the way non-compete agreements are created and enforced, said investor Bijan Sabet, general partner at Spark Capital.

"The experience we've seen is that the employer keeps [the definition of a competing company] really vague, and it causes confusion," Sabet said. The terms of non-compete agreements are often confused or conflated with other types of restrictive contracts workers sign, such as non-disclosure agreements, he added.

The IDG News Service is a Network World affiliate.