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For example, the sandwich chain Jimmy John’s previously came under scrutiny for forcing its low-wage workers to sign noncompete agreements that prevented them from working for a nearby business for two years after they left.
Jesus, they basically want slavery. They want workers to be completely dependent on them to the point that you legally can't go work at a different sandwich shop. I've only eaten there once and it was mediocre, but I'll never step foot in there again. What the fuck.
Why the fuck do they even need a non-compete clause for a sandwich shop? Are they worried people are going to reveal their secret Jimmy Johns technique for putting salami on bread to Subway?
The myth of the non-skilled worker isn't working in their favor here.
It's legal for them to do so, and if employees can't go to a competitor, it has the effect of depressing wages.
Non-compete clauses make sense for certain higher level employees (and usually involve some sort of garden leave payment too) but corporate America has started to slip all sorts of bullshit into standard employment contracts just because they can.
I don't even think it makes sense for them anymore. You either retain them with pay and job satisfaction or not. This idea that corporations can own experience is bullshit.
I mean you joke, but that actually happened by me lol
There is a hero shop that is well known for specific heros they make that are really good, so after they fired a guy who worked there for years and years he opened his own shop and took all their recipes plus added pizza. (He also hired someone to make pizza and then fired him after he learned how to do it. He's just a scumbag lol)
Fun fact, there are franchise owners for all the big names that do this. McDonald's, Pizza Hut, etc. It's not usually a corporate decision.
Related, there are chains that won't hire from each other. They maintain a gray list of previous employees and you can only get hired back at your original location.
Ah yes, workers might take those precious trade secrets of (checks notes) how to make a sandwich.
Not slavery, serfdom.
Which is technically better then slavery for the serfs, but conveniently is also significantly cheaper for the landed gentry/capital class as they don't have to feed or house their serfs.
Why do these companies never get it? You want to retain talent… you gotta pay to retain that talent.
More accurately, you want your experienced and proprietary-knowledge-laden people to not take that stuff elsewhere…. Gotta pay them what they’re worth.
Can’t keep lowballing the pay raises, and expect people to not shop around,
Sure they can, so long as they can ensure they have a high-placed government stooge or two to ensure they can legally blacklist an employee from the industry if they leave.
companies legitimately trying to retain top talent
Basically blacklisting them from their field for a year after leaving your company is not how you retain talent. Pay them better. Give them better health coverage or other benefits. Only being able to retain talent by basically threatening them if they leave is not a good look.
knew a guy who crossed out those bits in the agreement. they HR peeps never noticed until he found a new place to work. (he now works for our company.) It amazes me; how many people fail to realize every contract is unique.
Pretty sure a modification like that is only valid if both parties add their initials next to it to confirm they've seen it...
Nope. You just sign a contract without reading it, that’s on you.
Or did you think them being pushy while you actually read it wasn’t because they never ever try to sneak something in?
To clarify, you can’t add something way out of the pale, like “upon termination of this contract all assets of [whatever corpo] belong to FuglyDuck”… but you can definitely cross out terms you don’t ageee with (for example, the arbitration clause.)
And how exactly do you prove it wasn't crossed after being signed?
If it had to go in front of a judge, there are no initials present to show that both parties were made aware of the change and one party claims that the contract was modified without them being informed then the contract as it was originally written will be considered valid.
I find it hard to believe that I have to explain that you can't modify a written contract without informing the other party and without having a proof that you did in case of a breach...
By the way there's a difference between including clauses on the typed document and manually introducing extra clauses. In the second case the judge would say the same as if information was crossed without informing the other party. The typed version is the original and the one that's valid, without the hand written clauses that got added without the other party putting their initials to confirm they were informed. If extra clauses not previously agreed to by both parties (ex.: working hours agreed to during interview and written in the contract, extra clause saying they're subject to change at the employer's will in the written contract) were in the typed version then they were there from the beginning and it was the responsibility of both parties to be aware of them.
https://www.lawyers.com/legal-info/business-law/business-law-basics/contract-modification.html
In a case where a clause with potential major consequences is modified (like removing a NDA or non compete agreement) it would be advised to reprint the document to remove any form of ambiguity.
Cute how she's being likely being paid under the table by some lobbyists that benefits from said non-compete agreements. And even if not under the table, it's likely under the form of campain contributions, etc. Politics and capitalism mixed together brings the worst in both.
Nobody in their right mind would elect to veto something giving more rights to the working class without having some personal interests on the line.
You picked the wrong side, Governor.
Why can't they retain top talent by paying them more?
But how would that benefit the shareholders? You're not thinking like a true capitalist!
And this is one of the reasons top tech talent stays in Silicon Valley / San Francisco, and why that area innovates so quickly.
If your company sucks, I’ll work for your competitor.
It's also why wages are so high. You wanna keep your talent? You gotta pay more than the company next door, or have better perks to make up for the wage disparity.
I got poached from AWS because my current team has a full AWS stack, and they wanted someone who knew it inside and out. They offered me a full remote position (whole company is full remote) with a higher salary, but slightly less TC. My new job is also way less stressful and with way more freedom.
How are contracts like this enforceable in the US? Like here you could have a clause like that but the moment you try to sue someone for working at a competitor the judge would just laugh at you and throw your ass out of court. You can't have just anything in a contract, just like if a contract breaks employment laws then it's not valid.
Most contracts have a severability clause saying if any clause is unenforceable then that clause shall be severed, but the rest stands. This lets companies take some big swings with what they put in there.
It takes time and money and stress for a worker to challenge any terms regardless of their merit. So an invalid contract still keeps you down, just not as strongly as the invalid contract itself claims to be.
They are rarely enforced and when they are it is usually due to some sort of significant financial loss the company suffered. Normally a company is not going to waste time and money taking a cook or cashier to court over quitting a job at McDonald's then going to work Burger King. But a senior software engineer working at Google going to work for Apple could have some real financial implications, so they'd be more likely to pursue legal action against that person. Still kinda bullshit in my mind but I get it.
There's still protections. Apple just got rocked for stealing the entire dev team from somewhere and just wholesale copying the code. Which is on Apple, not the worker. They could absolutely have taken them for an adjacent project (it was sensors in smart watches) using the same sensors. Or paid a licensing agreement for what was there with a right to improve it.
They don't have to actually enforce it, they just have to scare you with it. Or better yet, convince you they could enforce it
legitimately trying to retain top talent
"Trying to figure out how to pay their talent less"
Thank god for states with half a brain. Non-competes are illegal in my state and not enforceable.
In my country non-compete laws are extremely rational: if you want to enforce such a contract, pay the person what he could make at a competitor during the entire duration you want to prevent him from going to the competition.
It's not up to the State to pay unemployment for people because you don't want talent to go somewhere else. Pay up or STFU.
Idiot employers will still put silly non-compete clauses into their contracts to scare people but I just chuckle as they are unenforceable unless they want to pay me to stay "on the beach".
Related. My previous employer had a b2b non-compete. The clients couldn't hire me. Yes it did end up costing me a job and a lawyer told me it would be very dicey challenging it the way it was written. On the plus side the client went bankrupt a few months back so that would have sucked.
Any chance of overturning the veto?
If you want to retain top talent, pay them, give them better working conditions, offer them fulfilment. Don't make it illegal for them to work elsewhere.
We need free markets and deregulation... until it inconvenieniences non-productive shareholders in the slightest or those dirty workers start getting a little uppity.
From this photo, this woman looks like the baddie from Men In Black 2.
Asshole.
Hope they have votes to overrule her veto.
The funny thing is then the rich companies spends millions on lawyers to say that poached employee's stuff was common knowledge and thereby not an NDA issue or trade secret.
You turn around and say I'm leaving but will say the same stuff that person said to the next employer and they'll sue with the same lawyers.
"It's ok if I do it but not if they do it"