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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 3:56 pm to stout
Posted on 1/8/23 at 3:56 pm to stout
quote:
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.
I was let out of one in November to work for a direct competitor. I'm not as ignorant as you think.
1
Posted on 1/8/23 at 3:58 pm to Indefatigable
quote:
And yet there always is a choice.
There you go quoting Rush (the band) again.
And you say you don't have a pentagram tattoo.
Posted on 1/8/23 at 3:59 pm to Y.A. Tittle
quote:
And that sort of perfectly illustrates their pointlessness.
How would particular industries/fields being more prone to use NCA’s demonstrate the pointlessness of NCA’s?
Posted on 1/8/23 at 3:59 pm to Y.A. Tittle
quote:
And that sort of perfectly illustrates their pointlessness.
As an employer, I strongly disagree. If I am going to invest time and money into someone, I want some assurances that I will see an ROI on that.
FYI, some non-compete time frames reduce based on your time employed. Say you work for someone for 10 years thus they have seen a return on their investment then your NC may be null and void. It is all negotiable.
This post was edited on 1/8/23 at 4:01 pm
Posted on 1/8/23 at 3:59 pm to deeprig9
quote:
There you go quoting Rush (the band) again. And you say you don't have a pentagram tattoo.
I have no idea what the hell you are talking about.
Posted on 1/8/23 at 4:00 pm to deeprig9
quote:
I was let out of one in November to work for a direct competitor.
So you are saying they are negotiable as I pointed out
Thanks
Posted on 1/8/23 at 4:03 pm to Indefatigable
Freedom of Contract is one of those due process rights that the Right likes.
Nothing in the constitution naming a right to negotiate labor as a liberty.
Nothing in the constitution naming a right to negotiate labor as a liberty.
Posted on 1/8/23 at 4:04 pm to stout
quote:
Don't want to sign one? Don't take the job.
What about employment contracts?
You give them a deal that they won't want to leave.
Posted on 1/8/23 at 4:04 pm to Indefatigable
I have litigated them. I’m familiar with how they work, and how they don’t work.
You’re dealing with some fairly unequal bargaining power. The law looks upon them with disfavor and most states have some fairly restrictive limitations on them as a result.
Sure. Employees can negotiate them, but as a practical matter- they don’t have much of a choice.
I think they’re almost as horrendous as arbitration clauses.
You’re dealing with some fairly unequal bargaining power. The law looks upon them with disfavor and most states have some fairly restrictive limitations on them as a result.
Sure. Employees can negotiate them, but as a practical matter- they don’t have much of a choice.
I think they’re almost as horrendous as arbitration clauses.
Posted on 1/8/23 at 4:04 pm to SammyTiger
quote:
Freedom of Contract is one of those due process rights that the Right likes.
My position has absolutely nothing whatsoever to do with due process.
quote:
Nothing in the constitution naming a right to negotiate labor as a liberty.
Correct but that doesn’t matter at all. Nothing in the constitution prohibits it, which is what actually matters.
Posted on 1/8/23 at 4:05 pm to Wednesday
quote:
I have litigated them.
This is what they “benefit” more than likely anything else.
Posted on 1/8/23 at 4:07 pm to Wednesday
quote:
You’re dealing with some fairly unequal bargaining power. The law looks upon them with disfavor
You're all a bunch of socialists
-Hayek to Milton Friedman, et al
Posted on 1/8/23 at 4:07 pm to Wednesday
quote:
You’re dealing with some fairly unequal bargaining power.
So?
quote:
The law looks upon them with disfavor and most states have some fairly restrictive limitations on them as a result.
I litigate them regularly as well. On both sides of the issue. This isn’t a legal debate (outside of the federal intervention issue, which we aren’t discussing at the moment) it’s a policy one. And Louisiana has very reasonable restrictions on NCA’s, as you know.
quote:
Sure. Employees can negotiate them, but as a practical matter- they don’t have much of a choice.
Why have employment contracts at all? Everyone has to make money to feed themselves? Why is there any restrictions whatsoever on my ability to earn a paycheck?
quote:
I think they’re almost as horrendous as arbitration clauses.
You practice in Louisiana and you want MORE cases in front of our awful judiciary?
This post was edited on 1/8/23 at 4:09 pm
Posted on 1/8/23 at 4:08 pm to Wednesday
quote:
The law looks upon them with disfavor and most states have some fairly restrictive limitations on them as a result.
Sure. Employees can negotiate them, but as a practical matter- they don’t have much of a choice.
Correct but they have their place.
A friend of mine owns a business and just won a case where a company was started by a few former employees who were in direct competition with him. They went after his clients which they only knew about from working for him. He had NDAs as well as NCs signed. He won but imagine how much weaker his case would be without a NC.
Posted on 1/8/23 at 4:09 pm to Indefatigable
Our awful judiciary? Like, as a general matter? What’s wrong with our judiciary?
Posted on 1/8/23 at 4:10 pm to davyjones
quote:
Our awful judiciary? Like, as a general matter? What’s wrong with our judiciary?
Are you serious?
The civil district courts in LA’s major cities, particularly in BR and NOLA, are populated by total retards with little to no knowledge or concern regarding the law. It’s what happens when you have an elected judiciary chosen by a very stupid population.
This post was edited on 1/8/23 at 4:12 pm
Posted on 1/8/23 at 4:11 pm to Indefatigable
quote:
Why is there any restrictions whatsoever on my ability to earn a paycheck?
If you want to go that route, and you are in Louisiana, then you need to attack the Louisiana Contractors board, etc
The amount of licensing in LA to open and operate any business impedes commerce more than any employment contract ever could.
Why do we need a florist license and board?
Posted on 1/8/23 at 4:11 pm to davyjones
quote:
Our awful judiciary? Like, as a general matter? What’s wrong with our judiciary?
I wouldn't hire about half the judges I've gone in front of to be an associate attorney at my shitty firm.
Posted on 1/8/23 at 4:11 pm to stout
quote:
Why do we need a florist license and board?
We don’t.
Posted on 1/8/23 at 4:13 pm to Indefatigable
quote:
No one in the United States has ever been forced to sign a binding NCA.
Nobody has been forced to join a union.
Yet, RTW laws are celebrated?
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