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/biz/ - Business & Finance

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227321 No.227321[DELETED]  [Reply] [Original]

How are non-compete clauses legal? That's some orwellian corporatist bullshit. I spend 4 years of school acquiring these skills, and now you're telling me that I don't have a right to pursue a livelihood with them? Not everyone can afford to flip burgers for a year until the NCC expires so they can pursue a job in their specialty again.

>> No.227348

>How are non-compete clauses legal?
Many of them are not. Often it is a scare tactic.
Now, the ones where they train you in a very specific skill could be. Even then, it depends upon how directly you compete with them.

>> No.227359

Non-compete is bullshit more often than not. I had to sign one in a job where I was making less than 12000 dollars a year because they were worried about 'muh intellectual property'. They never even trained me. If I got into a competing business with them I doubt they'd have the time or money to pursue me.

>> No.227376

Non-competes generally come into if you have a lot of interaction with clients. The fear is that you have developed relationships with these companies and may steal them away if you leave. Being fired frees you from a non-compete, and allows you to do whatever the fuck you want.

Source: was a salesman.

>> No.227393

Well, get a job in a state where they're not legal.

>> No.227414

You thought an education was going to stop you from being treated like a piece of shit by TPTB?

Hahaha. Welcome to the real world.

>> No.227473

When I worked at a smoothie/fruit juice store during uni there was a clause in my employment contract that stated I couldn't work in a similar smoothie store 6 months after leaving.

Presumably they were scared we would teach other stores how to juice an orange or something

>> No.227476

>>227348
This.

I know people who have had them overturned immediately for the exact reasons you specified.

>> No.227479

State-by-state inquiry. California rarely/won't at all enforce them.

>> No.227480

>>227479
Also, non-competes are mainly aimed at trade secrets and higher-level employees. No one is going to give a shit if you go from working in Apple's cafeteria to Microsoft's. If you don't understand their utility, I doubt you've ever had a corporate job. In b4 "hurr NDA."

>> No.227517

I've signed them my whole life. I've left for competitors my whole life. Its never been a problem.

They're completely unenforceable. They're the epitome of a legal document signed under duress. "You want this job? Gotta promise you won't go anywhere else."

Its a free country OP. Sign the silly forms then continue working where you want to.

>> No.227597

>>227414
>Hahaha. Welcome to the real world.
This should be banworthy.

>> No.228042

Non-competition clauses are generally unconscionable. I would never write one into an employees contract for fear of having the entire thing overturned due to that one clause, opening me up to all kinds of bullshit.

>> No.228047

Do what I did OP, assuming you work in a small office. Grab your non compete from HR files in a stealthy manner and burn that fucker. I threw that shit in my fireplace and never looked back. This was my first job and I didn't realize the impact of a non-compete when I signed the offer.

This assumes that your HR department is completely inept (as most are). Mine doesn't keep copies, electronic or physical

>> No.228100

I don't see the problem in principle. If they want you to sign a non-compete, they better be willing to pony up the cash for loss of future earnings up front, otherwise they can go fuck themselves.

>> No.228166

You guys have grand delusions about your importance to a company. A non-compete is in a contract between you and your employer. Thus, it's only enforceable by you or your employer, and the odd third party beneficiary. You act like you'd be breaking the law if you flouted it. In reality, it's not an absolute bar on you working for a competitor, and if you started doing so, the likelihood of it even being noticed, let alone enforced, is minute. You're not the type of people they intend to restrict.

>unconscionable
Highly unlikely.

When these come up in my line of work, absent extraordinary circumstances, I write the employee to remind him of his confidentiality obligations to my company and I write his general counsel to notify him of the employee, his confidentiality obligations, and the clause, though I defer enforcement.

>> No.229202

>>228047
>doesn't keep copies

what

just...what? How can someone be that incompetent? Christ...