this post was submitted on 27 Sep 2023
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Antiwork
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A community for those who want to end work, are curious about ending work, want to get the most out of a work-free life, want more information on anti-work ideas and want personal help with their own jobs/work-related struggles.
The new place for c/antiwork@lemmy.fmhy.ml
This server is no longer working, and we had to move.
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Date Created: June 21, 2023
Library copied from reddit:
The Anti-Work Library 📚
Essential Reads
Start here! These are probably the most talked-about essays on the topic.
c/Antiwork Rules
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1. Server Main Rules
The main rules of the server will be enforced stringently.
https://lemmy.world/
2. No spam or reposts + limit off topic comments
Spamming posts will be removed. Reposts will be removed with the exception of a repost becoming the main hub for discussion on that topic.
Off topic comments that do not pertain to the post at hand may be removed if it is deemed they contribute nothing and/or foster hostility at users. This mostly applies to political and religious debate, but can be applied to other things at the mod’s discretion.
3. Post must have Antiwork/ Work Reform explicitly involved
Post must have Antiwork/Work Reform explicitly involved in some capacity. This can be talking about antiwork, work reform, laws, and ext.
4. Educate don’t attack
No mocking, demeaning, flamebaiting, purposeful antagonizing, trolling, hateful language, false accusation or allegation, or backseat moderating is allowed. Don’t resort to ad hominem attacks against another user or insult other people, examples of violations would be going after the person rather than the stance they take.
If we feel the comment is uncalled for we will remove it. Stay civil and there won’t be problems.
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Content that makes claims or implications that can be proven false or misleading will be removed.
7. Headlines
If the title of the post isn’t an original title of the article then the first thing in the body of the post should be an original title written in this format “Original title: {title here}”.
8. Staff Discretion
Staff can take disciplinary action on offenses not listed in the rules when a community member's actions or general conduct creates a negative experience for another player and/or the community.
It is impossible to list every example or variation of the rules. It is also impossible to word everything perfectly. Players are expected to understand the intent of the rules and not attempt to "toe the line" or use loopholes to get around the intent of the rule.
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Where are you getting all this. The employee doesn't have to do anything. The employer would have to sue them for breach, at the employers cost. You present it like a no cost to the employer thing. Of course never sign one of these anyway. They can't fire you instantly for it. Tell them your lawyer will read it and you will get back to them. Should buy you a week or two to look for a new job.
The no cost for the employer thing is because the employee will likely refrain from taking certain offers after they leave, because they're concerned about the costs of being sued and the possibility of losing the case because they could have found "gainful employment" (just not that specific offer) - as you described, it seems to imply that the ex-employee, having signed a non-compete does legally have to refrain from taking certain job offers unless they literally have no other choice.
The mere risk of being sued and losing the case leads the ex-employer to refrain from taking certain jobs, providing the ex-employee with benefits (such as denying certain expert resources to competing companies) at no cost.
When the law is crystal clear that non-competes are only valid if paid for, there is no such threat hanging over the ex-employee (as not only would the ex-employer see its case summary thrown out if they took it to court, they would actually pay all the legal costs of the ex-employee) hence the ex-employee has zero pressure in their choice of future employeers.
It's the difference between a non-compete being a genuine risk for an ex-employee if broken versus being no risk whatsoever (literally worth less than the paper its written on).
That said I totally agree that when one is in a position to do so (which by now I personally am), just refuse to sign the non-compete. This is however rarelly the case for the more junior types or when the market is bad (such as my case below which happenned just after the first Tech crash).
(Mind you, I was once pushed to sign one with an "or else we will withdraw our job offer" threat - just after the first Tech crash in 2000, so I would be hard pressed to find anything else before running out of savings if I didn't took that job - and I pretty much started looking for another job from day 1 there, without them even having an hint of that was going on, taking my time and being chosy, and 11 months later, after having become pretty essential to the team, I had something much better and just dumped them with the explanation that "You chose to make it an adversarial relationship from the start, so I'm leaving now that I have the kind of offer I prefer and don't really care about what my leaving with the minimum notice will do to your projects". Funny enough I later found that in that country non-competes were worthless if not paid, so all that shit they pulled was useless and created a situation which was ultimatelly a net loss for them).