Too Many Workers Are Trapped by Non-Competes
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Too Many Workers Are Trapped by Non-Competes
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Re: Too Many Workers Are Trapped by Non-Competes
#2I’ve found these non-competes often have no teeth. Unless you possess exceptional knowledge or secrets, companies will not waste the resources going after you.
And often when they do, they lose. But it’s a judgement call. I’d say the fear of non-competes has more power than the non-competes themselves.
Re: Too Many Workers Are Trapped by Non-Competes
#3Banning noncompete agreements is something California has been doing right since 1872 when they were first banned.
Another thing California does right is refusing to honor noncompete agreements from other states.
Re: Too Many Workers Are Trapped by Non-Competes
#4Imho the only reason non competes should be permitted is if you’ve paid someone to acquire proprietary knowledge and that realistically the company's activities are the only reason that knowledge exists. It completely flies in the face of freedom of the worker to say you can’t jump ship to a competitor, unless you’re just doing it for trade secrets.
It’s anti-employee to say “hey, after us you don’t get to go use the skills and experience you’ve worked so hard for because that would harm our profits.” Surely employees don’t enjoy the reciprocal benefit of a company not being able to fill their spot after they leave.
Re: Too Many Workers Are Trapped by Non-Competes
#5I’ve found these non-competes often have no teeth. Unless you possess exceptional knowledge or secrets, companies will not waste the resources going after you. And often when they do, they lose. But it’s a judgement call. I’d say the fear of non-competes has more power than the non-competes themselves.
The problem is the average person doesn't have the money to pay a lawyer to fight off a company - especially the ones with teams of lawyers who need something to do.
Re: Too Many Workers Are Trapped by Non-Competes
#6noncompetes work even when illegal and unenforceable. Why, because you or many of your potential employers don't want the massive cost and emotional toll of being sued - even if you win you lose. That's all google, facebook, microsoft, etc. you know the companies that we KNOW are guilty of operating a cartel to drive down wages. That's all they need. This baseless illegal, legally unenforcable contract provision means they can use to impose a huge fine on you that is a negligible, non-material business expense to them even when they lose and you win in court. They win and you lose in real life.
Law is supposed to exist so the strongest might not always get their way. The law totally and utterly fails when it comes to non-competes. There are incentives to abuse them and no meaningful consequences.
Cue the apologists working for the big silicon valley players...
Re: Too Many Workers Are Trapped by Non-Competes
#7noncompetes work even when illegal and unenforceable. Why, because you or many of your potential employers don't want the massive cost and emotional toll of being sued - even if you win you lose. That's all google, facebook, microsoft, etc. you know the companies that we KNOW are guilty of operating a cartel to drive down wages. That's all they need. This baseless illegal, legally unenforcable contract provision mean…
> Cue the apologists working for the big silicon valley players...
Why? Silicon Valley is in California where noncompetes are illegal. Silicon Valley companies don't use them. I've been in Silicon Valley my entire career and I have never seen one or heard of anyone who has.
Re: Too Many Workers Are Trapped by Non-Competes
#8noncompetes work even when illegal and unenforceable. Why, because you or many of your potential employers don't want the massive cost and emotional toll of being sued - even if you win you lose. That's all google, facebook, microsoft, etc. you know the companies that we KNOW are guilty of operating a cartel to drive down wages. That's all they need. This baseless illegal, legally unenforcable contract provision mean…
> Cue the apologists working for the big silicon valley players... Why? Silicon Valley is in California where noncompetes are illegal. Silicon Valley companies don't use them. I've been in Silicon Valley my entire career and I have never seen one or heard of anyone who has.
I don't follow, which part did you fail to understand?
Re: Too Many Workers Are Trapped by Non-Competes
#9noncompetes work even when illegal and unenforceable. Why, because you or many of your potential employers don't want the massive cost and emotional toll of being sued - even if you win you lose. That's all google, facebook, microsoft, etc. you know the companies that we KNOW are guilty of operating a cartel to drive down wages. That's all they need. This baseless illegal, legally unenforcable contract provision mean…
That's the problem with the legal system. It's very easy to bully the little guy. Even if the company loses it will still have cost a lot of money that most employees can't afford.
Re: Too Many Workers Are Trapped by Non-Competes
#10Earlier quoted context omitted.
> Cue the apologists working for the big silicon valley players... Why? Silicon Valley is in California where noncompetes are illegal. Silicon Valley companies don't use them. I've been in Silicon Valley my entire career and I have never seen one or heard of anyone who has.
I don't follow, which part did you fail to understand?
The part where trying to enforce a non-compete in California will get you laughed (literally!) out of a lawyers office.
Unless the employee in question is unable to use Google and search for "non compete california", which, I'd hope every tech worker is able to use Google, the zeroth (meaning, it's right on the search results page, and not a link away, it states "In the state of California, non-compete agreements that seek to prohibit employees from obtaining gainful employment are null and void."