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Send Noncompete Agreements Back to the Middle Ages

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Re: Send Noncompete Agreements Back to the Middle Ages

#91
post #81
post #58

Earlier quoted context omitted.

A curious parallel to this is a lot of company's "no reference" policies. Due to the fact that a negative reference can have legal ramifications in a lot of jurisdictions a number of companies have adopted a policy where they publicly state that no reference will be given to leaving employees. I've known several companies like this that will then inform employees that are leaving privately that they'll be happy to gi…

I've always given individuals as references, not companies. Not sure the degree to which anyone's ever checked.

I have always given specific individuals as references as well. The companies I was referencing were ones where the management had a policy of agreeing not to give references.

Again this is super weird because the only thing that is an issue is giving a negative reference so a lack of a positive reference could be interpreted as a negative reference... thus, not giving everyone a positive reference should be a similar issue.

That entire law is sort of silly in most cases though, but the cases where it isn't (ex. a malicious boss for stupid reasons) are serious enough that I understand why it's around while being sad that we need it.

Re: Send Noncompete Agreements Back to the Middle Ages

#92
post #56

Earlier quoted context omitted.

Full pay would be your tax return saying what the full amount of compensation you got from the employer. Stock rewards, bonuses, etc are all reported from specific employers. Your highest year in your previous years of employment with the employer is the year I would chose. And add other benefits like health insurance and such. Basically your still 'employed' on garden leave with the company until the non-compete per…

OK, I think full taxable income is a nice suggestion. But it will require legislation, i.e. probably will never happen. Moreover, the point of the article is that NCAs are a long-term drag on the economy. If the main reason there's SV in California and not near Boston, is the lack of NCAs, then that seems like a huge cost and a drag on the economy as a whole.

It’s not a huge cost because if “full taxable income” became law, every non compete would instantly disappear overnight.

Re: Send Noncompete Agreements Back to the Middle Ages

#94
post #89
post #77

Earlier quoted context omitted.

> there's a thousandth of a percent chance that some company is going to try to ruin your life over it, and if they try there's another thousandth of a percent chance they'll succeed. But if they do, it is _terrible_. Perhaps you're exaggerating for effect, or perhaps you really don't understand the probabilities involved. But this is many orders of magnitude less likely than you getting killed by a meteor strike. E.…

I was indeed being hyperbolic but hey, I just learned about meteor strikes. My intention was poorly portrayed but to try again, in all my years I've never known anyone who has been sued over a non-compete, a good chunk of those people have been software developers and most software developers sign non-competes these days, usually in overly broad topics (and I do know a bunch of people who have continued to work withi…

I am aware of sufficient enforcements (admittedly second hand) to assume that at least certain firms are quite serious about pursuing them up to and including people basically looking to have a similar role at either another firm or independently.

But, yes, the chilling effect is much broader.

Re: Send Noncompete Agreements Back to the Middle Ages

#95
post #14

Odd that Right to Work laws don't ban non-competes. Edit: Added tags, just in case.

I don't see the connection. Right to Work laws say that workers can't be forced to join a union. They don't say that workers can't voluntarily join a union; so why should they say that workers can't voluntarily sign a non-compete?

Right to work laws say you have to a right to work or not work.

That is why they are called right to work laws, and this is why the parent is making that observation, as NCA's are antithetical to right to work.

Maybe trying reading in to things a bit more rather then jumping to the wrong conclusion?

Re: Send Noncompete Agreements Back to the Middle Ages

#96
post #36

Earlier quoted context omitted.

I'm actually an engineer :-) I used "smartass" because it's a move that superficially seems clever, but is actually completely futile when you look at the broad picture - as my comment shows. I don't know if us engineers have "low social status", but we certainly don't have as much negotiating power as some of us may fancy, certainly not against a huge mega-corporation.

All other things being equal, businesses will hire the candidate that they can potentially abuse before the one that may righteously push back. So if you are one who would negotiate the terms of a non-compete, you will not even get the opportunity until all those who will just blindly sign it have been given the chance to do so. The smart-ass part is signaling that you're less-abusable before the decision is made on…

How do you do this when the signature happens online rather than on paper?

Re: Send Noncompete Agreements Back to the Middle Ages

#97
post #28

Earlier quoted context omitted.

Terms become unenforceable when it's recognized by the courts that one party has so much negotiating power that true negotiations are impossible. A software engineer in the middle of SV might be able to demand $100k to sign a noncompete, but who else?

Even then, the person with enough clout to negotiate a $100k is way better/more valuable/in demand than $100k.

Consulting. Know of 250k for junior partner and up from there. Has to be enough to essentially be a “salary” while you are sidelined. Most companies tend to get away with less than that. Sadly many may not negotiate a proper value.

Re: Send Noncompete Agreements Back to the Middle Ages

#98
post #91
post #81

Earlier quoted context omitted.

I've always given individuals as references, not companies. Not sure the degree to which anyone's ever checked.

I have always given specific individuals as references as well. The companies I was referencing were ones where the management had a policy of agreeing not to give references. Again this is super weird because the only thing that is an issue is giving a negative reference so a lack of a positive reference could be interpreted as a negative reference... thus, not giving everyone a positive reference should be a simila…

I've always expected company references would be in the vein of "Yeah, they worked here those dates," i.e. they didn't just make shit up on their resume. The idea that companies (as opposed to individuals speaking on their own behalf) would provide more than that seems pretty archaic outside, possibly, of cases of serious misconduct. Which I suppose is mostly where the question comes up.

Re: Send Noncompete Agreements Back to the Middle Ages

#99
post #58
post #51

Earlier quoted context omitted.

In most cases, yes, it is an empty threat. However, the possibility is there. The company (or, individuals in the company who dislike you) can selectively use it against you to make your life harder. Or, if you whistleblow, they can use it to retaliate.

A curious parallel to this is a lot of company's "no reference" policies. Due to the fact that a negative reference can have legal ramifications in a lot of jurisdictions a number of companies have adopted a policy where they publicly state that no reference will be given to leaving employees. I've known several companies like this that will then inform employees that are leaving privately that they'll be happy to gi…

Good luck suing, if you would get a negative reference, why are you using them as a reference, that shows an incredible lack of awareness.

Companies are just copping out with hyper sensitive HR departments. I would give a glowing review but I am not afraid of detailing why someone else is an idiot and we canned him/her. I would even go so far as saying "you're making a mistake if you hire this person". I won't be sued, that fear just simply doesn't reflect reality.

Re: Send Noncompete Agreements Back to the Middle Ages

#100
post #23

non competes are incompatible with free Enterprise, and incompatible with social democracy. yeah send them back

A lot of people seem to think that "free enterprise" means that companies can do whatever they want and that that's somehow always good for employees. Same for "Right to Work".

well, what distinguishes capitalism from feudalism is the free movement of labor...
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