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re: Non-Compete agreements are now illegal nationwide!

Posted on 4/23/24 at 3:00 pm to
Posted by nitwit
Member since Oct 2007
12544 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 Epic Cajun
Lafayette, LA
Member since Feb 2013
33858 posts
Posted on 4/23/24 at 3:26 pm to
quote:

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.

Right, and I could see them being somewhat fair if there was a time limit on them, say if you leave the company in the first 3 years then it's enforceable, but signing a non-compete because your options are limited and then still having it in effect 5+ years down the road is BS.
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