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Posted on 10/14/14 at 7:56 pm
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 10/14/14 at 7:56 pm
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This post was edited on 10/30/14 at 1:47 pm
Posted by AbuTheMonkey
Chicago, IL
Member since May 2014
7994 posts
Posted on 10/14/14 at 7:59 pm to
quote:

I saw a post on Facebook about Jimmy Johns requiring their employees to sign a non-compete contract as a condition of employment. This contract forbids the person from working at another sandwich shop for 2 years after they leave.

I personally think employers should be able to have such requirements so long as it is mutually agreed upon and is a legitimate function of business.

So, how do Republicans feel about this? Do you think private contracts between employee and employer are none of the government's business? Or, do you think government should step in to protect the worker?


I don't think the government should have a role in regulating non-competes, but motherfricking Jimmy John's asking employees to sign a non-compete is laughable. Just to be clear - this is employees at the franchise level and not the corporate level, correct?
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 10/14/14 at 8:00 pm to
Employees and employers can negotiate terms as they please.
Posted by BuckyBadger
Member since Aug 2014
740 posts
Posted on 10/14/14 at 8:02 pm to
It is not just sandwich shops. It is any business that derives more than ten percent income from sandwiches.

"any business which derives more than ten percent (10%) of its revenue from selling submarine, hero-type, deli-style, pita and/or wrapped or rolled sandwiches and which is located with three (3) miles of either [the Jimmy John's location in question] or any such other Jimmy John's Sandwich Shop."
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 10/14/14 at 8:02 pm to
It's an interesting issue of contract law. It seems obviously ridiculous for a sandwich artist to have to sign one, but what about an engineer with trade secrets?

If it came to a lawsuit, I have my doubts whether the Jimmy John's non compete agreement as a condition of employment would even hold up in Louisiana courts.
Posted by goatmilker
Castle Anthrax
Member since Feb 2009
64066 posts
Posted on 10/14/14 at 8:07 pm to
I don't see the need nor the legal issue.

Posted by lsuroadie
South LA
Member since Oct 2007
8392 posts
Posted on 10/14/14 at 8:10 pm to
quote:

Louisiana courts


have been very pro business in deciding non competes
Posted by lsu13lsu
Member since Jan 2008
11470 posts
Posted on 10/14/14 at 8:25 pm to
quote:

So, how do Republicans feel about this? Do you think private contracts between employee and employer are none of the government's business? Or, do you think government should step in to protect the worker?


Libertarian here, people should be able to enter any contract they please. One person gets employment the company gets a non-compete. Seems fair. If the person doesn't like it then go to one of the many other sandwich shops. Seems simple.
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 10/14/14 at 8:34 pm to
quote:

very pro business


La. R.S. 23:921 begs to differ.

Posted by VOR
Member since Apr 2009
63346 posts
Posted on 10/14/14 at 8:38 pm to
There are serious limits in the La. Revised Statutes when it comes to non-compete clauses. I've been on both sides.

I have to say that if Jimmy John's tries to apply that clause to some poor schmuck putting a sandwich together, I'd take the schmuck's case and win.
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 10/14/14 at 8:39 pm to
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This post was edited on 10/30/14 at 1:27 pm
Posted by OleWar
Troy H. Middleton Library
Member since Mar 2008
5828 posts
Posted on 10/14/14 at 8:44 pm to
It seems like Jimmy Johns would just be happy to have employees who don't have a record of felonies. Jimmy Johns sounds like their sandwiches suck as well as their management practices.

Generally not opposed to non-compete, but this is the type of shite that will cause liberal legislators to shut it down.
Posted by JJ27
Member since Sep 2004
60239 posts
Posted on 10/14/14 at 8:45 pm to
You negotiate your contract. If you're dumb enough to sign a no compete, it's your fault. I've been asked to sign one 5 times and I have always refused. I simply tell the company I have a family to provide for and I can't sign anything that could endanger my ability to do so. They've dropped the issue every time.
Posted by mamoutiga
Lafayette, LA
Member since Sep 2009
951 posts
Posted on 10/14/14 at 8:46 pm to
Since when?? LA courts were always touted as right to work which made non competes irrelevant. Only question was did you have $$ to fight
Posted by Jon Ham
Member since Jun 2011
28522 posts
Posted on 10/14/14 at 8:49 pm to
quote:

I saw a post on Facebook about Jimmy Johns requiring their employees to sign a non-compete contract as a condition of employment.




This surely cannot be true, and if it is, this surely cannot be a corporate wide policy.
Posted by Tigah in the ATL
Atlanta
Member since Feb 2005
27539 posts
Posted on 10/14/14 at 9:13 pm to
that is going to be completely non-enforceable.

What a bunch of dicks.
Posted by coonass27
shreveport
Member since Mar 2008
3620 posts
Posted on 10/14/14 at 9:14 pm to
quote:

You negotiate your contract. If you're dumb enough to sign a no compete, it's your fault. I've been asked to sign one 5 times and I have always refused. I simply tell the company I have a family to provide for and I can't sign anything that could endanger my ability to do so. They've dropped the issue every time.


How about if you work for company A, company B comes around and purchases company A. Included in the paperwork they send out as part of the "acquisition", is a No compete clause for employees to sign. You are required to sign or your forfeit your employment.

I like the right to work state, but I don't get the no Compete clause. If you have a trade or skill and your employer is wayyyyyyy lower than the competition on all levels of the trade, how can a piece of paper prevent you for doing better for yourself. I guess you could always resign and go was cars right?

I get that employers want to protect themselves and not pump money and time into an employee in the form of training and certifications all to have the employee jump next door for a dollar more an hr, but you would think it would make the job market In Those fields more level and competitive
This post was edited on 10/14/14 at 9:30 pm
Posted by Tigah in the ATL
Atlanta
Member since Feb 2005
27539 posts
Posted on 10/14/14 at 9:23 pm to
quote:

right to work state
doesn't have anything to do with the job, only with not joining a union.
Posted by coonass27
shreveport
Member since Mar 2008
3620 posts
Posted on 10/14/14 at 9:27 pm to
quote:

only with not joining a union


In LA, your job is a privilege and not a right It can be terminated at anytime with or without Reason.

I always thought it was somehow looped in to the right to work law but after having to deal with those shite head union reps, I may have gotten confused
This post was edited on 10/14/14 at 9:29 pm
Posted by Crow Pie
Neuro ICU - Tulane Med Center
Member since Feb 2010
25286 posts
Posted on 10/14/14 at 9:29 pm to
This sounds like a reasonable condition for a franchise owner. However, would you really want a sandwich maker that cannot find a job at another sandwich shop 3 miles from the location you worked at?
This post was edited on 10/14/14 at 9:30 pm
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