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Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

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51–60 of 179 posts

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#51
Excellent.

If you want your employees to stay, and to contribute their ideas to you instead of running off to your competitors or starting their own companies, it's so so so much better to just treat your employees better than the bind them legally.

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#52

"The law clearly violates corporate equal protection under the 14th Amendment and I am just waiting for a client to ask me to challenge the law." Couldn't have picked a more biased source ;)

I think we need to establish a constitutional amendment that explicitly states that non-living entities (companies, corporations, etc) are not legally allowed to express opinions in so far as they donate to PACs or directly to campaigns. Also, that the congress or the states may limit the rights that non-living entities have beyond what an individual who works for or owns a non-living entity has.

"Corporate Personhood" is such a horrible idea that it just doesn't make any sense at all.

EDIT: for clarification, the 14th amendment refers to Person(s)/People, not corporations specifically... which is where my statement was coming from. It may not be a popular subject, but the fact is that corporation rights exceed that of people at this point.

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#54
post #44

As I understand it, non-competes are very hard to enforce and are more of an intimidation tactic than anything else. You cannot be prevented from earning a living the only way you know how given the demand for your skills. If you're bound by a non-compete and the only (or the best) job available is with the competition, you shouldn't be afraid to take it, and the courts will side with you if someone goes after you (w…

Washington and Massachusetts (states with significant high-tech employee bases) are also very friendly to employers in enforcing non-competes. (IANAL)

I've known any number of people in Massachusetts who have made the entirely rational decision to just hit the beach for a year rather than trying to deal with the potential consequences of a non-compete. And as someone who worked for a small company in an other state, we basically wouldn't even try to deal with a potential hire who might be covered by a non-compete--enforceable or not.

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#55
A really good book to read on the subject is AnnaLee Saxenian's Regional Advantage: Culture and Competition in Silicon Valley and Route 128 (http://www.amazon.com/Regional-Advantage-Culture-Competition...). It discusses why Route 128 failed while Silicon Valley flourished. A major part is that under California law, non-competes are not enforceable in California. As people moved freely between competing companies, their ideas, information, and best practices traveled with them. The diffusion of good ideas gave the region as a whole a competitive edge.

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#56
post #32

Why is this limited to just the high-tech industry?

The individual citizen (!) who lobbied tirelessly for this bill tried to get a broader version passed in the previous session. Unfortunately as bbanyc45 points out there was too much opposition from entrenched interests for that to pass. So he tried again (which is pretty admirable), this time using narrower language.

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#57
post #3

Wish NY did the same. In NY they get to own all your ideas both at work and "off the clock."

It's simple. Don't sign a contract with ridiculous clauses like that. Demand for good engineers is high enough that it won't prevent you from finding a job.

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#58
post #39

Earlier quoted context omitted.

Housing maybe, although not the stuff I have imagined in my head. Everything else is really expensive in hawaii though because of shipping costs and lack of scale.

Cost of stuff is only important if you spend all of your money on stuff. With a tech salary, the cost of food going up 15% should be nothing compared to the rent you will save.

You think the cost of food is only 15% more? That's funny.. still not enough to offset the cost of housing in SF though. Been looking at moving out to San Jose (to work in Los Gatos, that's expensive to live in), and need to make about 75% more to offset the cost of housing and taxes than I do in Phoenix.

I totally understand why some large companies would put their IT hubs in Texas or Arizona now. Relative to the cost of living, we have it pretty good here.. I don't want to be outside in June, July or August though.

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#59

Earlier quoted context omitted.

Your problem is when someone you have a good relationship with is seduced by something hotter and sexier.

I can see why's that would be frustrating, but my employees are not "mine" - so they are free to go at any time and hence, I need to treat them well. If an employee is seduced by an offer that doesn't work out - they can (and have) come back and can bring back what they learned. One of the thing that I learned from such exits an re-entryies is that money is not always the best motivator - I used to run really lean to…

> I can see why's that would be frustrating, but my employees are not "mine" - so they are free to go at any time and hence, I need to treat them well.

It's great to hear someone articulating that point on HN. There is too often a constant stream of suggestions to the effect employees are a form of chattel.

Re: Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

#60
post #3

Wish NY did the same. In NY they get to own all your ideas both at work and "off the clock."

It's simple. Don't sign a contract with ridiculous clauses like that. Demand for good engineers is high enough that it won't prevent you from finding a job.

Most people who apply to jobs are not seen as "good engineers," they are hazed in the interview process. Meanwhile, the bank account is draining.
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