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Started By
Message
re: Our small Gov telling businesses what they cant do Noncompete clauses in crosshairs
Posted on 1/8/23 at 3:41 pm to Indefatigable
Posted on 1/8/23 at 3:41 pm to Indefatigable
Your reading comprehension skills are deficient.
1
Posted on 1/8/23 at 3:42 pm to Y.A. Tittle
Then explain yourself. I’ve obviously misunderstood and you should be able to easily clarify.
Posted on 1/8/23 at 3:44 pm to stout
It's a very sticky, very gray area.
If I hire you to be an engineer at my company working in the back room with the trade secrets on which my entire company survives, and I want you to sign an agreement that you can never work for any of my competitors for a period of ten years following your termination (voluntary or not) of this position, I think that has merit.
If I hire you to be a low level person who occasionally goes into the back room to take out the trash, a non-compete and non-disclosure is bullshite.
I think most reasonable thoughtful people would agree with the above statements.
The messy part is all the gray area in between those two situations.
If I hire you to be an engineer at my company working in the back room with the trade secrets on which my entire company survives, and I want you to sign an agreement that you can never work for any of my competitors for a period of ten years following your termination (voluntary or not) of this position, I think that has merit.
If I hire you to be a low level person who occasionally goes into the back room to take out the trash, a non-compete and non-disclosure is bullshite.
I think most reasonable thoughtful people would agree with the above statements.
The messy part is all the gray area in between those two situations.
Posted on 1/8/23 at 3:45 pm to deeprig9
quote:
If I hire you to be a low level person who occasionally goes into the back room to take out the trash, a non-compete and non-disclosure is bullshite.
Why do you hate freedom, liberty, and the ability of consenting adults to contract?
Posted on 1/8/23 at 3:48 pm to deeprig9
quote:
for a period of ten years
Tells me you know nothing about the issue. To be enforceable a non-compete can't be for more than two years
Posted on 1/8/23 at 3:48 pm to Indefatigable
Chiming in - I have major problems with noncompete agreements in employment contracts.
I think they are by and large adhesion contracts and the person bound by them no more consents to them as I do when I “consent” to whatever terms imposed by my iPhone when it randomly updates.
I think they are by and large adhesion contracts and the person bound by them no more consents to them as I do when I “consent” to whatever terms imposed by my iPhone when it randomly updates.
Posted on 1/8/23 at 3:49 pm to Wednesday
quote:
I think they are by and large adhesion contracts and the person bound by them no more consents to them as I do when I “consent” to whatever terms imposed by my iPhone when it randomly updates.
You dont have to agree to iPhone updates just like you don't have to enter into an employment contract. You choose to do both.
Posted on 1/8/23 at 3:49 pm to Indefatigable
quote:
Why do you hate freedom, liberty, and the ability of consenting adults to contract?
Because I'm not a douchebag libertarian with a Rush Pentagram tattoo, wallet chain, and a riding cap.
Posted on 1/8/23 at 3:50 pm to Wednesday
quote:
the person bound by them no more consents to them as I do when I “consent” to whatever terms imposed by my iPhone when it randomly updates.
The lowering of the competency bar continues.
On what planet should one not actually read their employment contract?
Straight laughable to compare it to iPhone T&C’s. NCA’s are a one-page document, at most. Posted on 1/8/23 at 3:51 pm to stout
quote:
Tells me you know nothing about the issue. To be enforceable a non-compete can't be for more than two years
For all 50 states? Aren't these state by state rules?
Posted on 1/8/23 at 3:51 pm to deeprig9
quote:
Because I'm not a douchebag libertarian with a Rush Pentagram tattoo, wallet chain, and a riding cap.
Neither am I. I just think consenting adults should be held responsible for reading two basic paragraphs on the conditions of their employment.
I don’t believe in federal government intervention to protect lazy people from their own irresponsibility.
Posted on 1/8/23 at 3:52 pm to deeprig9
quote:
For all 50 states? Aren't these state by state rules?
Yes, which is reason #1 why the FTC has no place here.
Posted on 1/8/23 at 3:52 pm to Indefatigable
quote:
The lowering of the competency bar continues.
On what planet should one not actually read their employment contract? Straight laughable to compare it to iPhone T&C’s. NCA’s are a one-page document, at most.
If I have ten job offers and all ten require signature of the agreement, then I guess I have the individual choice, the ultimate freedom, to live a true free life on the street on welfare.
Posted on 1/8/23 at 3:52 pm to deeprig9
quote:
Aren't these state by state rules?
Yes but the standard is that there has to be a reasonable time limit. Two years is pretty universal. Anything more than that is viewed as unreasonable and unenforceable.
Posted on 1/8/23 at 3:54 pm to deeprig9
quote:
If I have ten job offers and all ten require signature of the agreement, then I guess I have the individual choice, the ultimate freedom, to live a true free life on the street on welfare.
Correct. In that hypo, the market has determined there is no place for deeprig and his inability to commit to his preferred area of employment. You don’t have the right to be employed wherever you want. Enjoy the nearest intersection with a median I guess.
This post was edited on 1/8/23 at 3:55 pm
Posted on 1/8/23 at 3:54 pm to deeprig9
quote:
If I have ten job offers and all ten require signature of the agreement
In some industries and positions, NC are universal and usually for good reason but I doubt you will ever have to worry about it.
If you are a strong enough candidate employment contracts are negotiable like anything else.
This post was edited on 1/8/23 at 3:55 pm
Posted on 1/8/23 at 3:55 pm to Indefatigable
Wednesday doesn't need me to take up for her, but she's absolutely right. I can choose to not accept the terms of Android or Apple, I can simply make the proud choice of not having a mobile phone.
It's not a choice when there is no choice.
It's not a choice when there is no choice.
Posted on 1/8/23 at 3:55 pm to deeprig9
quote:
It's not a choice when there is no choice.
And yet there always is a choice. You do NOT have any right whatsoever to be employed wherever you want in whatever field you want.
This post was edited on 1/8/23 at 3:56 pm
Posted on 1/8/23 at 3:56 pm to stout
quote:
In some industries and positions, NC are universal
And that sort of perfectly illustrates their pointlessness.
Posted on 1/8/23 at 3:56 pm to Indefatigable
quote:
And yet there always is a choice.
Correct.
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