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Judge stops FTC from enforcing ban on non-compete agreements

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Re: Judge stops FTC from enforcing ban on non-compete agreements

#92
This article is mostly lifted from a linked articles and is a dupe of yet another article and somehow none of the three saw fit to link to the ruling. Mostly all three are caterwauling about impact without addressing the ruling on its merits which combined with the reluctance to link to the ruling makes me wonder if maybe the legal analysis in it is more compelling than they’d like to admit.

Re: Judge stops FTC from enforcing ban on non-compete agreements

#94

Earlier quoted context omitted.

AFAIK this is only valid if the non-compete effectively prevents you from working in your profession. Which is most of the time, granted.

I was told by an attorney years ago that non-competes were only enforceable if they had a reasonably defined scope and specifically were unenforceable in Right to Work states if it effectively prevented you from working at all. Reasonable scope was something like max 2 years, specific distance from current office that wasn’t excessive (couple of miles) or had specifics about taking existing customers.

Yea, the previous employer needs to prove that your knowledge of their internals will harm them financially.

And you, of course, need to not be an ass and start poaching clients with insider information =)

Re: Judge stops FTC from enforcing ban on non-compete agreements

#95
post #72

Earlier quoted context omitted.

In other first world countries it's certainly different. In Germany everyone gets paid time off, which is separate from paid sick time (there is usually no hard limit, but some fair use policy applies in some jobs). I can't be fired for random reasons on the spot - if I get fired for random reasons, they still have to pay me for a 1-3 month period that I work while I look for a new job. Firing on the spot is only leg…

No American feels enslaved in any meaningful sense of the word. Americans have it better than 99.999% of all humans who ever lived, and it's not particularly close.

That's simply untrue.

You don't speak for "all Americans".

A number of Americans (>1) see their imprisonment as a modern form of slavery, one that is explicitly allowed by the US Constitution:

    The U.S. Constitution bans slavery except as punishment for a crime ... In Texas, some prison farms are located on the same land as former slave plantations.
It's "meaningful" in that they feel (with good justification) that they have been found guilty by a system designed to single them out and that they are railroaded into a lifetime of unpaid servitude.

You may disagree with their feelings, but it remains that your blanket statement:

    > No American feels enslaved in any meaningful sense of the word.
is false

Re: Judge stops FTC from enforcing ban on non-compete agreements

#96

In Europe if you want to force a non-compete you need to pay full salary for the duration, so if someone enforced non compete for 5 years I could sit home and play games while earning salary

This is incorrect. Non-competes do mandate that there should be a compensation for the worker but not the value of said compensation.

Re: Judge stops FTC from enforcing ban on non-compete agreements

#97
post #95

Earlier quoted context omitted.

No American feels enslaved in any meaningful sense of the word. Americans have it better than 99.999% of all humans who ever lived, and it's not particularly close.

That's simply untrue. You don't speak for "all Americans". A number of Americans (>1) see their imprisonment as a modern form of slavery, one that is explicitly allowed by the US Constitution: The U.S. Constitution bans slavery except as punishment for a crime ... In Texas, some prison farms are located on the same land as former slave plantations. It's "meaningful" in that they feel (with good justification) that th…

People loosing their liberties because of breaking the law — as determined by due process — is not slavery. They may feel enslaved, but again they cannot feel enslaved in any meaningful sense of the word because they are not enslaved in any meaningful sense of the word.

https://www.heritage.org/crime-and-justice/commentary/the-my...

Re: Judge stops FTC from enforcing ban on non-compete agreements

#98
post #95

Earlier quoted context omitted.

That's simply untrue. You don't speak for "all Americans". A number of Americans (>1) see their imprisonment as a modern form of slavery, one that is explicitly allowed by the US Constitution: The U.S. Constitution bans slavery except as punishment for a crime ... In Texas, some prison farms are located on the same land as former slave plantations. It's "meaningful" in that they feel (with good justification) that th…

People loosing their liberties because of breaking the law — as determined by due process — is not slavery. They may feel enslaved, but again they cannot feel enslaved in any meaningful sense of the word because they are not enslaved in any meaningful sense of the word. https://www.heritage.org/crime-and-justice/commentary/the-my...

what are you talking about? Getting enslaved because you "broke the law" is as old as slavery

Re: Judge stops FTC from enforcing ban on non-compete agreements

#99

In Europe if you want to force a non-compete you need to pay full salary for the duration, so if someone enforced non compete for 5 years I could sit home and play games while earning salary

Europe is not a single country, and even a single country would usually not have perfectly homogenous laws in all is regions.

Re: Judge stops FTC from enforcing ban on non-compete agreements

#100
post #98

Earlier quoted context omitted.

People loosing their liberties because of breaking the law — as determined by due process — is not slavery. They may feel enslaved, but again they cannot feel enslaved in any meaningful sense of the word because they are not enslaved in any meaningful sense of the word. https://www.heritage.org/crime-and-justice/commentary/the-my...

what are you talking about? Getting enslaved because you "broke the law" is as old as slavery

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