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re: How does the FTC have the authority to do this - Non Compete ?

Posted on 4/24/24 at 8:04 am to
Posted by Indefatigable
Member since Jan 2019
29986 posts
Posted on 4/24/24 at 8:04 am to
quote:


If you owned a business that operated in Texas, for example, this new rule would allow a new employee to access your client contact list, then leave your company to start their own and start stealing your clients. Companies should have the right to offer employment contingent on the condition that you will not leave and attempt to steal clients. If you don't like that agreement, you don't have to work for the company.

You are referring to a non-solicitation agreement, which is different than a non-compete, though they often appear together in an employment agreement, along with confidentiality and trade secret protection clauses.

As far as I know, and I refuse to read the 600 page administrative behemoth, non-solicits are not YET being banned. I'm sure the progressives will arbitrarily call them unfair and inequitable at some point too though.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
432494 posts
Posted on 4/24/24 at 8:14 am to
quote:

You are referring to a non-solicitation agreement, which is different than a non-compete, though they often appear together in an employment agreement, along with confidentiality and trade secret protection clauses.

Correct. The FTC isn't going to wade into trade secrets stuff b/c of military contracts. That would require larger action b/c of the overlap with DOD/military stuff.
Posted by jrodLSUke
Premium
Member since Jan 2011
23211 posts
Posted on 4/24/24 at 8:18 am to
quote:

You are referring to a non-solicitation agreement, which is different than a non-compete

I see. So, would the non-compete apply to my company's product and confidential information? Meaning, a new employee could come to work for my company, learn the product and company systems, and then steal my company's information and use that to take away my business. A business owner should have the right to offer employment based on the agreement that you will not take my company information and use that to take away my business.
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