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Started By
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Non-Compete agreements are now illegal nationwide!
Posted on 4/23/24 at 2:13 pm
Posted on 4/23/24 at 2:13 pm
Of course, there'll be legal battles but as of right now, they're illegal.
LINK
LINK
This post was edited on 4/23/24 at 2:20 pm
37
Posted on 4/23/24 at 2:16 pm to TDsngumbo
Link?
Posted on 4/23/24 at 2:16 pm to TDsngumbo
Guess it's time to go on my own
Posted on 4/23/24 at 2:17 pm to TDsngumbo
The juice isn't worth the legal cost in 99% of the situations anyway. And they were toothless in most states already.
But yes, this is pretty big news.
I'm on the fence on these. If you sign it, you sign it, why is the government involved? Are they going to void clauses in professional sports contracts that state players can't be traded to division foes, etc.?
But yes, this is pretty big news.
I'm on the fence on these. If you sign it, you sign it, why is the government involved? Are they going to void clauses in professional sports contracts that state players can't be traded to division foes, etc.?
Posted on 4/23/24 at 2:18 pm to TDsngumbo
The real problem with them whether legal, illegal, unenforceable, etc... is if you sign one and the company comes after you... you are going to spend some money.
About $80K+ to fight one if it is in your state. If you signed one with a big company that has their headquarters designated in a state like Conneciticut (that is pro business) then you can expect to pay quite a bit more if you are going to fight it from TX, LA, MS, AL, etc...
Most lawyers will advise you to just just sit out the 1-year non-compete.
About $80K+ to fight one if it is in your state. If you signed one with a big company that has their headquarters designated in a state like Conneciticut (that is pro business) then you can expect to pay quite a bit more if you are going to fight it from TX, LA, MS, AL, etc...
Most lawyers will advise you to just just sit out the 1-year non-compete.
Posted on 4/23/24 at 2:21 pm to TDsngumbo
Why is the federal government involved in consensual employment contracts?
Posted on 4/23/24 at 2:21 pm to TDsngumbo
Legit WYHI, Federal Trade Commission chief Lina Khan
Posted on 4/23/24 at 2:25 pm to TDsngumbo
What if I sell my business to someone and then go right out and start another business just like the one I just sold?
Posted on 4/23/24 at 2:27 pm to TDsngumbo
This seems like an over reach by the FTC.
Posted on 4/23/24 at 2:43 pm to TDsngumbo
Oh yay. The govt is here to help us again.
Do we like this?
Do we like this?
Posted on 4/23/24 at 2:46 pm to TDsngumbo
LOL. Screw you Oschner!
Posted on 4/23/24 at 2:49 pm to TDsngumbo
Non competes are a total prisoners' dilemma. We'd all be better off if no one had them, but the first company to impose them gets an immediate advantage - it can poach employees but other ones can't.
So you end up with this shitty situation where bigger sophisticated entities with lawyers (O___r) are extremely aggressive because they have the savvy and money to enforce them, while smaller companies either don't have them because they don't know wtf they are, or have these patently unenforceable DIY agreements that would never hold up in court. Of course the ALEC types have sway in the leg, while workers don't, so the status quo stays.
I'm not really a constitution guy but the FTC doing a nationwide ban as part of a regulation seems like absurd overreach which will get stayed and eventually overturned by SCOTUS. Maybe the vehicle they need to axe Chevron?
So you end up with this shitty situation where bigger sophisticated entities with lawyers (O___r) are extremely aggressive because they have the savvy and money to enforce them, while smaller companies either don't have them because they don't know wtf they are, or have these patently unenforceable DIY agreements that would never hold up in court. Of course the ALEC types have sway in the leg, while workers don't, so the status quo stays.
I'm not really a constitution guy but the FTC doing a nationwide ban as part of a regulation seems like absurd overreach which will get stayed and eventually overturned by SCOTUS. Maybe the vehicle they need to axe Chevron?
Posted on 4/23/24 at 2:54 pm to TDsngumbo
Pretty fricking stupid to waste legal resources on one disgruntled employee
Posted on 4/23/24 at 3:02 pm to TDsngumbo
The link you posted says, if I'm reading it correctly, that "senior executives" of a company are not included in the retroactive non-compete agreement ban.
quote:
Companies will also have to throw out existing noncompete agreements for most employees, although in a change from the original proposal, the agreements may remain in effect for senior executives.
Posted on 4/23/24 at 3:04 pm to TDsngumbo
I agree with banning non-competes, but I don’t think the FTC has the authority to do this themselves.
Posted on 4/23/24 at 3:12 pm to TDsngumbo
As of right now, the government has just impaired millions of contracts, not even as the result of a fricking law passed by Congress.
Unconstitutional on its face.
Expect an injunction very soon.
Unconstitutional on its face.
Expect an injunction very soon.
Posted on 4/23/24 at 3:27 pm to TDsngumbo
I get the purpose of an employer wanting a non-compete for certain situations. Can't have a sales guy run off with all your customers or have employees taking trade secrets to a competitor.
But I have seen them way overused. I know people with certifications from a national board and their employers want to say they can't leave and go practice at a competitor with their own certification. Of course, they have never tried to sue though.
But I have seen them way overused. I know people with certifications from a national board and their employers want to say they can't leave and go practice at a competitor with their own certification. Of course, they have never tried to sue though.
Posted on 4/23/24 at 4:18 pm to TDsngumbo
You may want to clarify the OP. It doesn’t go into effect for another 120 days. It was a 3-2 yes vote, but non-competes still exist for another 4 months. At least until an injunction comes in.
Posted on 4/23/24 at 4:57 pm to TDsngumbo
I have seen some dirty deals with NCC in 30 years in the oil and gas business.
there are some standard scenarios that NCCs are applied in the Oil and Gas industry
1. You sign your offer letter and then in your onboarding they stick a NCC in front of you with your paperwork and tell you sign it or we pull the job offer
2. You negotiate an offer and right before they extend you an offer letter, you ask "is there a non-compete" and they say yes. Then you have to negotiate the NCC into your Compensation package because they are locking you up and that isn't free.
3. You get an offer letter, sign it and then on day one of the employment they give you a NCC to sign
4. you have been an employee, they promote you and give you an NCC as a condition of your promotion
5. you have been an employee, they fire you or lay you off and then require you to sign a NCC as part of your severance - this one is the most cruel and should be illegal
there are some standard scenarios that NCCs are applied in the Oil and Gas industry
1. You sign your offer letter and then in your onboarding they stick a NCC in front of you with your paperwork and tell you sign it or we pull the job offer
2. You negotiate an offer and right before they extend you an offer letter, you ask "is there a non-compete" and they say yes. Then you have to negotiate the NCC into your Compensation package because they are locking you up and that isn't free.
3. You get an offer letter, sign it and then on day one of the employment they give you a NCC to sign
4. you have been an employee, they promote you and give you an NCC as a condition of your promotion
5. you have been an employee, they fire you or lay you off and then require you to sign a NCC as part of your severance - this one is the most cruel and should be illegal
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