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Message

re: Non-Compete agreements are now illegal nationwide!

Posted on 4/23/24 at 2:50 pm to
Posted by dallastigers
Member since Dec 2003
5739 posts
Posted on 4/23/24 at 2:50 pm to
quote:

So, you are fine with unlawful business combinations that suppress competition?


How were they unlawful before?

Also, what law gives the FTC this power to limit contracts like this now?
Posted by Indefatigable
Member since Jan 2019
26639 posts
Posted on 4/23/24 at 2:50 pm to
quote:

So if I sign a noncompete today to get a job, then 2 years from now go work elsewhere in the same field, you think it's right to deny me or sue me for that.

Did you sign an agreement not to do that?

quote:

Small government would tell the employer from 2 years ago to go frick themselves.

Small government wouldn't tell the employer anything at all.

quote:

you're defending unions

You'll never find me supporting unions in any post I've ever made.
Posted by TigerBlood17
Member since Jan 2014
1460 posts
Posted on 4/23/24 at 2:50 pm to
[/quote]
quote:

quote:What if I sell my business to someone and then go right out and start another business just like the one I just sold? The market will determine who gets future business?

If I’m the one buying the business, I would pay a lot less if I knew the seller could turn around and start the same business in the same area.
Posted by Y.A. Tittle
Member since Sep 2003
101661 posts
Posted on 4/23/24 at 2:51 pm to
quote:

Also, what law gives the FTC this power to limit contracts like this now?


This seems like a valid question here as well.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63198 posts
Posted on 4/23/24 at 2:52 pm to
The only way to combat fully enforced non-compete is with worker's unions. Literally the only way. You as an individual standing on principle won't do shite. You are supporting he collection of workers to battle the power of the organization. That's a union, my friend.
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32708 posts
Posted on 4/23/24 at 2:53 pm to
I’m looking at it from personal experience. My wife works in healthcare in a small specialty, she treats cases in an even smaller subset of that specialty. When she got out of school, if she wanted to work in our current market doing what she currently does, she had two options. Work for a specific clinic and sign a non-compete or start her own business with zero practical experience.

It’s horseshite.
Posted by CatfishJohn
Member since Jun 2020
13705 posts
Posted on 4/23/24 at 2:54 pm to
quote:

A former employer of mine spent considerable time, money, and resources to get another employee educated and credentialed. He then quit and went to work for a competitor.


My company has a thing that requires reimbursement for CE/school/credentialing if the employee leaves within 2 years. That isn't a non-compete necessarily and provides protection.

I, too, have signed these things. Former company paid for my MBA. However, when I left within 1.5 years post graduating, I just didn't bring it up and I swear they just forgot.
Posted by Indefatigable
Member since Jan 2019
26639 posts
Posted on 4/23/24 at 2:54 pm to
quote:

The only way to combat fully enforced non-compete is with worker's unions. Literally the only way. You as an individual standing on principle won't do shite. You are supporting he collection of workers to battle the power of the organization. That's a union, my friend.

Again, this makes no sense.

I live in a right to work state.

Prior to today, a non-compete was enforceable in Louisiana if it met certain relatively strict requirements. Not even a union would save you from an enforceable non-compete.
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
34821 posts
Posted on 4/23/24 at 2:54 pm to
With that schnozz, I couldn't get close enough to hit it.
Posted by Steadyhands
Slightly above I-10
Member since May 2016
6819 posts
Posted on 4/23/24 at 2:54 pm to
quote:

For starters, the individual has to be made aware of the clause and consent to it. You want the job? Those are the terms.


Right, so business gets to bully the individual.
Now it's you want to keep the employee, pay them their worth or someone else will. The market will balance things out for the value of people.
Posted by 0x15E
Outer Space
Member since Sep 2020
12808 posts
Posted on 4/23/24 at 2:54 pm to
Pretty fricking stupid to waste legal resources on one disgruntled employee
Posted by Indefatigable
Member since Jan 2019
26639 posts
Posted on 4/23/24 at 2:57 pm to
quote:

Right, so business gets to bully the individual.
Now it's you want to keep the employee, pay them their worth or someone else will. The market will balance things out for the value of people.

So are salary levels bullying too? What other conditions and policies of employment are bullying? Are confidentiality clauses bullying? I mean, after all, all that information is in my head--you can't bully me and force me not to use it working for your competitor.....right?

What else can the FTC decide it doesn't like? Where is the limit on interfering in contractual relations between consenting parties?
Posted by Cold Cous Cous
Bucktown, La.
Member since Oct 2003
15051 posts
Posted on 4/23/24 at 2:57 pm to
quote:

Not even a union would save you from an enforceable non-compete.

Any non-compete would 100% be a "term and condition" and therefore subject to mandatory bargaining. The NLRB would love to nail company who unilaterally asked a unionized employee to sign a noncompete


edit - LINK
This post was edited on 4/23/24 at 2:58 pm
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63198 posts
Posted on 4/23/24 at 2:58 pm to
quote:

Again, this makes no sense.


At some point the one who says this about everything they disagree with sounds like an idiot or a child. What I'm saying makes sense.

You agree that 1 million people turning down jobs because of something is better than 1 person or 100 people doing it right?

Posted by Indefatigable
Member since Jan 2019
26639 posts
Posted on 4/23/24 at 2:58 pm to
quote:

At some point the one who says this about everything they disagree with sounds like an idiot or a child. What I'm saying makes sense.

You agree that 1 million people turning down jobs because of something is better than 1 person or 100 people doing it right?

I have no idea what you are talking about.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63198 posts
Posted on 4/23/24 at 2:59 pm to
quote:

I have no idea what you are talking about.


I understand
Posted by nitwit
Member since Oct 2007
12263 posts
Posted on 4/23/24 at 3:00 pm to
Its a valid question, like some others raised here.
The litigation will focus on this issue .
Truth is, prospective employees rarely have any real bargaining position, much less equal bargaining leverage to negotiate terms like this.
And, many years after the first agreement on compensation is reached, the existence of this clause (and its ability to keep you unemployed or underemployed for two years) gives the employer no incentive to pay what your services are now worth.
And for the same reason the employer can scrimp or even deny other work place benefits (like paying you on time in some instances).
You are free to quit in response.
And be unemployed in your same community, where you have a house and family...
These agreements can be and are abused.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81727 posts
Posted on 4/23/24 at 3:00 pm to
quote:

Why is the federal government involved in consensual employment contracts?


Because non competes are against individuals and totally one sided for the business. Plus there is a difference in means and sophistication of the parties. Why do want business to frick people so badly.
The FTC does not have the authority to make this rule.
Posted by concrete_tiger
Member since May 2020
6060 posts
Posted on 4/23/24 at 3:00 pm to
quote:

Why is the federal government involved in consensual employment contracts?


Because employers, especially in narrow fields... are dickheads and torture employees that dare choose to leave.

edited to add....

I'd be okay with non-competes, I guess, if employers weren't allowed to recruit from competitors. It's amazing how companies LOVE to pluck people from other companies, but will be excessively punitive should they leave one day.
This post was edited on 4/23/24 at 3:02 pm
Posted by Steadyhands
Slightly above I-10
Member since May 2016
6819 posts
Posted on 4/23/24 at 3:01 pm to
quote:

quote:
it shouldn't be because it's forced upon someone.


quote:
forced


You keep using that word, but I don't think you know what it means.


It is forced, because generally it's the same type of company having the NCs. The business uses it to take advantage of people. If they weren't gaining something from it, they would have people sign them. What they are gaining is control at the individual's expense.
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