I thought a few states maybe California or New York effectively made non compete not enforceable
Tell HN: Beware confidentiality agreements that act as lifetime non competes
251–260 of 269 posts
Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes
#252It's funny how states like Washington are notorious for enforceable non-competes, to be "business friendly". Meanwhile California bans non-competes, and its GDP is 4th largest in the world if it were a country! "incumbent friendly" vs "startup friendly"
Or maybe it is the inverse. The different states enforcement plan depends on the types of companies they have?
Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes
#253Earlier quoted context omitted.
Speaking of China: The free movement of workers is important to having an efficient economy. The US could do a lot better here; we have bad safety nets, non-competes, "trade-secrets". When workers move freely and spread trade-secrets, this results in all companies performing better, on average. This is good for everyone except the lazy owners who would lose money to those who perform better. While the US worries abou…
U.S doesn't have a hukou system.
I think the lack of universal healthcare is a very significant limiter to freedom of job movement in the US, especially if your whole family depends on the health insurance you get from work.
Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes
#254Earlier quoted context omitted.
I generally ask for 150% - usually on the expectation that it’ll make the non-compete go away. It’s not at all a ridiculous ask, either. I’ve made a career out of going after high-impact roles in whatever is the fastest growing area of technology at the time. The non-compete isn’t just asking me to sacrifice the income from my next role, it’s asking me to sacrifice the experience as well. It also limits my ability to…
If it's 100%, I'd rather the noncompete not go away. If I am able to live off the salary, why not take the free paid vacation if it's offered? I can spend the time doing and learning things for myself, rather than the company.
In principle, if you are changing jobs, it's because you found one with something like a raise or better working conditions. Being unable to look for those has a cost.
Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes
#255Earlier quoted context omitted.
I'm not sure I'm understanding your point. Can you elaborate?
From a prospective employer’s perspective: Is the candidate going to respect the NDA you’re planning to ask them to sign? Similar to asking the candidate what they dislike about their previous boss. Their response may indicate how they’ll talk about you someday.
Oh, right. Yes I agree. We don't get employees to sign NDAs, but the signal about talking about previous employers is definitely something I notice.
So yes, if you get employees yo sign an NDA then this is a filter as well.
Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes
#256...but are they enforceable?
So far it seems maybe?, but according to the article some courts and agencies are pushing back. Well the FTC was at least in 2023. California bans anything that is effectively a non compete.
They tried: https://www.ftc.gov/news-events/news/press-releases/2024/04/... (see top note)
Not sure how that's going.
Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes
#257Non-competes (including stealth non-competes like the OP mentioned) are being abused by US employers seeking leverage over their employees. In fact, 12% of hourly workers earning $20 or less had to sign non-competes. These workers do not have access to corporate secrets. It simply reduces their power to negotiate with their employer. https://www.minneapolisfed.org/article/2021/non-compete-cont...
Is it more common in certain industries?
Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes
#258Earlier quoted context omitted.
The "non-solicitation" agreements are so stupid. There is a cottage industry in headhunters where you tell your next employer who you want to recruit, then they ask a 3rd party recruiter to go track down that person after X months... and invite them to interview. I have seen it so many times in career.
It's definitely fuzzy. I mean, someone like an account rep or a financial advisor (and their clients) can't unknow somebody. So even if someone isn't taking their client list and calling/emailing everyone, there's inevitably going to be an element of client "poaching" so long as they're still in the same business.
fyi there are clauses in contracts that try to control the use of residuals in “unaided memory” , trying to refer to stuff you just happen to know by dint of having been exposed to them, even though they’re in no explicit notes.
Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes
#259Earlier quoted context omitted.
Isn't Norway's government is funded by gas and oil? Burn down the planet so we can have free health care
The economy may be well-boosted by the oil, but note that all the money is put into a fund and invested globally, and only a small percentage may be used in the government's budget each year. So no, free healthcare isn't funded by oil. https://en.wikipedia.org/wiki/Government_Pension_Fund_of_Nor... And while I don't support our continued extraction of oil, I feel like your comment is quite weird. How is it relevant i…
To add to this, the government fund also deliberately avoids investing in oil, tobacco, military weaponry and a few similar industries.
Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes
#260Earlier quoted context omitted.
Not only in the US; without going into too much detail, many countries in south America and Africa have strong business connections with the US, and it is quite common to see the ever-abusive dumb dumb US contract templates being used in those countries, even when local law differs significantly. Usually, the posture is "we can do whatever you want and you keep your mouth shut, or else we'll sue you for everything".…
On a personal note, I once was presented with such a (US) contract that also required me to list every NDA I had signed to date; Since then, I always assume most US lawyers are beyond incompetent.
I would literally have no idea what NDAs I've signed as many are at partner meetings or conferences I haven't given a second thought to. I couldn't tell you the last NDA I signed.