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Laws barring noncompete clauses spreading

businessinsurance.com

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Re: Laws barring noncompete clauses spreading

#201

Post by HPsquared »

neon_electro wrote: post #19
shadowgovt wrote: post #12

Earlier quoted context omitted.

I had a chance to visit Norway recently, and this was something that a tour guide impressed upon us about the culture; she gave an example of a restaurant in town that was caught skimming pay, and it wasn't just a union representing restaurant workers they heard from; they found themselves unable to find someone to repair plumbing or their storefront (the plumbers and glaziers wouldn't work with them), and their ingr…

https://en.wikipedia.org/wiki/Solidarity

And its complement, https://en.wikipedia.org/wiki/Ostracism

Re: Laws barring noncompete clauses spreading

#202

Post by omginternets »

Eleison23 wrote: post #142
ghaff wrote: post #111

Earlier quoted context omitted.

I worked for a very small company. We wouldn’t hire anyone with a non-compete end of story end of discussion. Just wasn’t a risk or cost management was willing to even entertain.

How would you know they had one? What is the process for disclosing or discovering non-competes? Ostensibly part of a private citizen's employment contract, that's a confidential document. So what basis would a prospective employer have to request a copy, and how would said third party verify its authenticity?

Most contracts I’ve signed have language to the effect of “the employee is not bound to any covenants that could restrict his ability to provide his services to the company”, which would include noncompetes.

Of course, noncompetes being unenforceable make for a good argument that one is not, in fact, bound by that covenant.

In practice, I’ve always just answered “no” to the question on this basis. If any former employer behaves in such a way as to get me fired from my present job, I’m rather optimistic about my prospects for legal remedy.

Re: Laws barring noncompete clauses spreading

#203

Post by omginternets »

DebtDeflation wrote: post #4
ptudan wrote: post #2

Makes a ton of sense. Completely absurd for security guards and administrative assistants to have non-compete clauses. Just another way businesses were trying to reduce the willingness of employees to quit so that they can suppress wages.

It jumped the shark a few years back when Jimmy Johns tried to force their "sandwich artists" to sign non-competes.

Jesus, “sandwich artist” is borderline insulting one’s intelligence.

In France, the official term for a janitor was “surface technician”, which I previously considered to be the most condescending name for a job, but it has been violently dethroned by “sandwich artist”.

Re: Laws barring noncompete clauses spreading

#204

Post by ghaff »

drogus wrote: post #196
yrgulation wrote: post #159

Earlier quoted context omitted.

I agree yes, not saying it should be the norm and i am totally against non competes.

Usually you can still find jobs easily. Most of these laws also bar companies from defining it very broadly, so I don't think they could make a non-compete like "any programming job"

No. Many people cannot just find a new high-paying job quickly/easily.

Outside of development specifically I have heard first hand examples that were essentially the equivalent of “any programming job.”

Re: Laws barring noncompete clauses spreading

#205

Post by omginternets »

pyuser583 wrote: post #114
bigmattystyles wrote: post #61

Earlier quoted context omitted.

For some reason (I never dug deeper), my friend who is an attorney said she prefers arbitration. Maybe because she already is an attorney? The only thing I can think of is that it is more expedient and having seen behind the curtain the talk of biased arbiters (biased towards the Goliath) are exaggerated. But if anyone can opine I'm all ears.

I’ve heard this from attorneys. The gist is: arbitration/mediation make sure the case is settled quickly. Big corporations can afford attorneys to appeal and appeal and appeal. With arbitration that does happen.

The flip side, as I understand it, is that arbitration firms are clients of the company.

Re: Laws barring noncompete clauses spreading

#206

Post by omginternets »

yrgulation wrote: post #153
CaptainJack wrote: post #85

The UK has had a government call for evidence on the subject of non-compete, with the aim of limiting them as well, but nothing has been done so far. I'm myself in the long, lengthy and costly process of trying to fight a two years non-compete (well, 1yr garden leave + 1yr non-compete), and it's taxing. It adds stress, makes it harder to market yourself, and on top of that there is this clear asymmetry where the cost…

Thats interesting, i never heard of or met anyone in the uk with a non compete clause and always assumed it is a non issue.

Fwiw, I worked in the UK for several years and noncompetes were absolutely standard. Moreover, they appear to be enforceable.

Re: Laws barring noncompete clauses spreading

#207

Post by nicbou »

paxys wrote: post #40

Over the years so many different jurisdictions around the US and the world have stated their desire to be the "next Silicon Valley" and have poured an immense amount of money and effort to make it so, whether in the form of incentives for businesses, tax breaks, education, job training, or even just straight paying smart people to move there. Every such scheme has generally failed because they refused to emulate the…

After visiting SV, I wonder why anyone would want to replicate it. I was so disappointed to see so much poverty, such high rents and such poor public transit in the tech capital of the world. It seriously realigned my perspective.

Re: Laws barring noncompete clauses spreading

#208

Post by kennend3 »

yardie wrote: post #160
kennend3 wrote: post #76

Earlier quoted context omitted.

Here (Canada) the courts almost always rule that the non-compete is unenforceable. The core issue is the rights of an individual to earn a living supersedes the rights of a corporation. https://globalnews.ca/content/8363992/can-non-compete-clause... " The majority of non-compete clauses challenged in the judicial system have been rendered unenforceable. Canadian courts, in my experience, look unfavourably on clauses…

I wonder what the cross-section of the population is smart enough to be worth making sign a non-compete yet not smart enough to do a basic Google search on their enforceability.

This is exactly why I posted this. I want to make sure other Canadians are aware...

It is really dumb that while unenforceable, companies are able to get you to sign. As per the link the government is working on laws to outright ban the process.

The government needs to step up here, and enforce its own laws. If these are unenforceable companies should not be allowed to "trick" people.

Re: Laws barring noncompete clauses spreading

#209

Post by Cheezewheel »

NegativeK wrote: post #110
cma wrote: post #107

Earlier quoted context omitted.

Why even allow this? Just makes things less competitive and pays people to be unproductive.

No business would do this; non-competes would be de facto banned. It's not a sincere suggestion.

>No business would do this; non-competes would be de facto banned

That is the point. It is a sincere suggestion, because it would force companies to only seek out a non-compete in the case where the employees knowledge is valuable enough to warrant subsidizing their extended vacation.

And this does happen in the finance industry. Some businesses do in fact do this.

Re: Laws barring noncompete clauses spreading

#210

Post by yrgulation »

omginternets wrote: post #206
yrgulation wrote: post #153

Earlier quoted context omitted.

Thats interesting, i never heard of or met anyone in the uk with a non compete clause and always assumed it is a non issue.

Fwiw, I worked in the UK for several years and noncompetes were absolutely standard. Moreover, they appear to be enforceable.

What domain out of curiosity?
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