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re: Non-Compete agreements are now illegal nationwide!

Posted on 4/23/24 at 3:46 pm to
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
35302 posts
Posted on 4/23/24 at 3:46 pm to
quote:

I am in favor of two people being able to contract the terms of their relationship as they see fit.


Yea man this is a totally fair and not bullshite framing of the typical NC scenario.

Just two hardworking men making a gentleman’s agreement. Definitely never a massive corporation that controls half of the industry you work in where you live.
Posted by Indefatigable
Member since Jan 2019
26201 posts
Posted on 4/23/24 at 3:46 pm to
quote:

You don't understand the difference between collectively bargained union contracts and unilateral single employee contracts?

Not as it relates to the two parties to the contract negotiating its terms, no. I don't.

Posted by Willie Stroker
Member since Sep 2008
12877 posts
Posted on 4/23/24 at 3:49 pm to
quote:

Why is the federal government involved in consensual employment contracts?

Now do minimum wage.

Why is it illegal for workers to underbid their competitors at a certain threshold that applies to every US State unless that state makes it illegal to work for less than the national minimum?

How many teenagers would get a job sooner when they don’t need higher wages?
Posted by KemoSabe65
70605
Member since Mar 2018
5131 posts
Posted on 4/23/24 at 3:50 pm to
Typically they are two years max.
Posted by Indefatigable
Member since Jan 2019
26201 posts
Posted on 4/23/24 at 3:50 pm to
quote:

Now do minimum wage.

I feel the exact same way about federal minimum wage laws.

Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32435 posts
Posted on 4/23/24 at 3:55 pm to
quote:

Typically they are two years max.

Two years after separation, not two years from the date of signing.
Posted by Bjorn Cyborg
Member since Sep 2016
26748 posts
Posted on 4/23/24 at 3:55 pm to
Unions agree to give up certain rights and benefits, but gain other rights and benefits.

Posted by CatfishJohn
Member since Jun 2020
13393 posts
Posted on 4/23/24 at 3:56 pm to
quote:

This ruling bans non-competes as a condition of employment.


I haven't read the 570 pages yet, but our legal team is on it
Posted by CatfishJohn
Member since Jun 2020
13393 posts
Posted on 4/23/24 at 3:59 pm to
quote:

Unions agree to give up certain rights and benefits, but gain other rights and benefits.



This is true. By far, the biggest benefit is job security. It makes you a protected class basically.

For nurses, their union dues often wipe out most or all of the compensation gains received from union negotiations. I look at a lot of hospital P&Ls and employee rosters.

Additionally, unions protect shitty employees from being fired so you're often stuck with shitty colleagues. The shitty colleagues, however, love the union

Not to mention it can hurt the business and prevent upward mobility for strong employees.
Posted by Dixie Normus
Earth
Member since Sep 2013
2635 posts
Posted on 4/23/24 at 4:18 pm to
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 by Dairy Sanders
Member since Apr 2022
688 posts
Posted on 4/23/24 at 4:44 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


So what? They could have fired him any time with no warning. Is he not suppose to earn a living because they don’t give him enough reason not to want to leave?
Posted by supatigah
CEO of the Keith Hernandez Fan Club
Member since Mar 2004
87430 posts
Posted on 4/23/24 at 4:57 pm to
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
Posted by Pax Regis
Alabama
Member since Sep 2007
12932 posts
Posted on 4/23/24 at 4:58 pm to
frick a non-compete.

Posted by Steadyhands
Slightly above I-10
Member since May 2016
6792 posts
Posted on 4/23/24 at 4:59 pm to
quote:

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


So what? They could have fired him any time with no warning. Is he not suppose to earn a living because they don’t give him enough reason not to want to leave?


Exactly, why spend the time and money to train someone and then not pay them for the work they can then do? They didn't go through the training to just make the same money and make the company more money.
Posted by cptigger
Nola
Member since Jun 2005
1488 posts
Posted on 4/23/24 at 5:06 pm to
That’s the problem, some places are now 2 year non competes.
Posted by KemoSabe65
70605
Member since Mar 2018
5131 posts
Posted on 4/23/24 at 5:12 pm to
2 years is max that will hold up in court but there is a geographical requirement that must be limited in scope.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123887 posts
Posted on 4/23/24 at 5:20 pm to
quote:

Non-Compete agreements are now illegal nationwide!
Huge deal!
I cannot imagine this FTC passing this rule if members fully understood the ramifications.

It might save US medicine, actually.
This post was edited on 4/23/24 at 5:21 pm
Posted by wadewilson
Member since Sep 2009
36528 posts
Posted on 4/23/24 at 5:38 pm to
quote:


Are they forced to sign it or to take the specific job?


Generally you're forced to sign it TO take a specific job.

I was forced to sign a non-compete for an entry level customer service position and a mid-level logistics position.
This post was edited on 4/23/24 at 5:39 pm
Posted by wadewilson
Member since Sep 2009
36528 posts
Posted on 4/23/24 at 5:41 pm to
quote:



This is true. By far, the biggest benefit is job security. It makes you a protected class basically.

For nurses, their union dues often wipe out most or all of the compensation gains received from union negotiations. I look at a lot of hospital P&Ls and employee rosters.

Additionally, unions protect shitty employees from being fired so you're often stuck with shitty colleagues. The shitty colleagues, however, love the union

Not to mention it can hurt the business and prevent upward mobility for strong employees.


This is a very naive understanding of how Unions work.

A misunderstanding, actually.
Posted by Asharad
Tiamat
Member since Dec 2010
5693 posts
Posted on 4/23/24 at 6:00 pm to
quote:

Why is the federal government involved in consensual employment contracts?
it's nearly as consensual as needing a TWIC card, dumbass
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