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FTC cracks down on companies that impose harmful noncompete restrictions

ftc.gov

81–90 of 189 posts

Re: FTC cracks down on companies that impose harmful noncompete restrictions

#81

I wish federal law would just abolish non-competes completely. When I gave advanced notice to Tudor Investment that I would be quitting they threatened to fire me with cause so that they could still enforce the non-compete without paying me in accordance with NY state law. And they followed through with their threat, sending me a letter telling me I was being terminated with cause the day I officially quit. To make t…

> so that they could still enforce the non-compete without paying me in accordance with NY state law.

Could you elaborate on that part?

Re: FTC cracks down on companies that impose harmful noncompete restrictions

#82

I wish federal law would just abolish non-competes completely. When I gave advanced notice to Tudor Investment that I would be quitting they threatened to fire me with cause so that they could still enforce the non-compete without paying me in accordance with NY state law. And they followed through with their threat, sending me a letter telling me I was being terminated with cause the day I officially quit. To make t…

Nah, don’t abolish them. Just require them to continue to pay the ex-employee for the duration, including bonuses and the equivalent of any commission earned if applicable. Fair is fair.

Re: FTC cracks down on companies that impose harmful noncompete restrictions

#84
post #55

About 20 years ago I joined a large company in California, where non-compete clauses are essentially disallowed. A few years later, I moved to the company's offices in Washington State, where non-competes are allowed. Before the move I emailed HR and asked if I needed to sign the WA state employment agreement (with that non-compete clause) and they said "no". I saved that email. Forward a decade, I resigned to work f…

They didn't have a new contract for you with the local provisions when you got raises, etc? That's how companies I've worked for have forced new things in.

Re: FTC cracks down on companies that impose harmful noncompete restrictions

#85

I worked for (and my wife still works for) a small company that provided a boutique set of engineering services. They had a non compete that was very narrowly tailored and called out by name the competitors that you couldn’t go work for directly (6 months or a year), all of which were also small companies. That sort of non-compete that seems reasonable to me- very specific, time limited, and only for people with actu…

I think cases like this are super rare compared to the harmful cases, so it would still be a net gain for society

Also- most of the reasonable cases for noncompetes are already covered by trade secret/NDA stuff

Re: FTC cracks down on companies that impose harmful noncompete restrictions

#86
post #71

Earlier quoted context omitted.

https://dol.ny.gov/system/files/documents/2021/03/ls223.2.pd... Labor Standards cannot accept every claim. Labor Standards will not accept claims if you: - Worked as an executive, administrative, or professional employee and earned over $900 per week

Yikes. I could understand it if the limit was like $250k per year, but $900 per week is nuts.

Probably the law passed long enough ago that $46.8k was a high salary and it wasn't indexed for inflation.

Re: FTC cracks down on companies that impose harmful noncompete restrictions

#87
post #79
post #52

Earlier quoted context omitted.

Wow that is some BS

It's similar in Washington. If you make less than $116k, no non-competes. Otherwise, get fucked. https://lni.wa.gov/workers-rights/workplace-policies/non-com...

How dare quants get paid $5m to sit on their couches for two years after leaving their firms! Congress must act!

Re: FTC cracks down on companies that impose harmful noncompete restrictions

#88
post #84
post #55

About 20 years ago I joined a large company in California, where non-compete clauses are essentially disallowed. A few years later, I moved to the company's offices in Washington State, where non-competes are allowed. Before the move I emailed HR and asked if I needed to sign the WA state employment agreement (with that non-compete clause) and they said "no". I saved that email. Forward a decade, I resigned to work f…

They didn't have a new contract for you with the local provisions when you got raises, etc? That's how companies I've worked for have forced new things in.

I've never been asked to sign an updated contract for a job.

Re: FTC cracks down on companies that impose harmful noncompete restrictions

#89

I wish federal law would just abolish non-competes completely. When I gave advanced notice to Tudor Investment that I would be quitting they threatened to fire me with cause so that they could still enforce the non-compete without paying me in accordance with NY state law. And they followed through with their threat, sending me a letter telling me I was being terminated with cause the day I officially quit. To make t…

My spouse's previous employer humiliated them at their job repeatedly, and then went for blood and sued under the non-compete when they took a job elsewhere to stop the abuse. It was totally vindictive and there was really nothing we could do, as they were a multi-billion dollar company and signaled they'd be happy to just keep spending money, even if they were losing, until they bankrupted us. $30,000 in legal fees…

It seems a first step is to not tell your current employer where you're going next. If they push, just quit on the spot and cut-off communication. Maybe go a month or two without work; by then the old employer is less likely to care, you're old news by then. Be as boring and unmemorable as possible once you've decided to leave, aim so that nobody will even remember your name in 3 weeks (except for trusted friends and coworkers).

None of this is fool proof and requires savings, and I'm sorry if it seems like I'm victim blaming. As you point out, our legal system wont even reach discovery for $30,000, it's not a system of justice, it's a system of power, so do consider utilizing the power you have to keep quiet. "I'm quitting, I don't have another job lined up, but I might look around; oh yes, of course I'll follow the contract, but I'll seek my own counsel to advise me on how best to do so; goodbye". It's hard to imagine this could end up any worse than what you already experienced.

Re: FTC cracks down on companies that impose harmful noncompete restrictions

#90
post #61

Noncompetes should 100% require full-paid gardening leave to be enforceable. You don't want me ot work for a competitor for a year? Great. You get to pay me full pay and benefits for that year. Let's see how keen companies are to enforce a noncompete then. Even then they should be limited in scope but without paid gardening leave they should be utterly unenforceable.

Paid noncompete (gardening leave) is pretty common on Wall Street. It has gotten much more prevalent in the last 5-10 years, with companies ratcheting up the length and enforcing it on lower and lower level employees. Think - IC software engineers working on some random UI with no idea of current positions or trading strategies, making like $300k total being put on a 12 month leave.

The problem even with paid noncompetes is that you are only getting your salary, not bonus and in the roles it is enforced, salary kind of caps out and bonus ends up being 25%.. 50%.. 75%+ of your income.

Some firms have started to enforce garden leaves long enough that you are guaranteed to miss at least one, if not two bonus cycles.

Additionally, your health care coverage is revoked at most of these companies during your gardening leave so you have to decide whether to go without, take COBRA, or hope you are on your spouses plan already.

Finally, the terms of the contract are generally asymmetric. Your employer has the right to waive the garden leave, but you do not. So you don't know if you are getting a few months paid time off until the day you resign. For legal reasons most companies won't make an offer deal with you and give you a deal like "if you can get out of your garden leave at old job and start here earlier, we'll let you take a month off paid by us before you start" as it is solicitation.

That said - 3 month garden leave over the summer is awesome.

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