Jump to content

The Original Greaser Bob

Certifiably Surly
  • Posts

    1751
  • Joined

  • Last visited

Posts posted by The Original Greaser Bob

  1. 1 minute ago, Captainant said:

    But sure, let's talk about an idealized and theoretical case instead of a complicated and REAL case, because it supports your position better. 

    Complicated cases with good attorneys actually supports my case because most of them don't end in litigation but rather clarification of the duties.

    But provide a link if I'm underestimating the problem. 

     

  2. 10 hours ago, TwiceHorn said:

    To the extent employers want protection of "confidentiality" beyond what the law of trade secrets provides, it's something not so confidential and often not worthy of protection.

    So finish the story.  In cases where the employer doesn't have a case, you correctly counsel him that the most you can do remind the departing employee and the new company of their continuing obligations.  If there is true confidential information (as distinguished from trade secrets) you might pursue it, with the caveat that these cases are hard to win.

  3. 6 hours ago, 956 Worldwide said:

    This is an excellent anecdotal data point for the argument that they’re abusive and should be banned. 

    You can make the same terrible argument about any clause that has general prohibitions - confidentiality, non-disparagement,  etc. where one party has no idea what the other party will do.  Coke doesn't want its flavor scientists to go to Pepsi.  If they go to Pepsi, they might try to enforce.  If they go to Jelly Belly, they won't. 

    The consideration is what has made non-competes "unfair".  The clauses themselves can be reasonable -- if the consideration is reasonable.  People are hyperinflating the consideration problem.

  4. 1 minute ago, TwiceHorn said:

    I'm not a giant fan of uniformity for uniformity's sake by federal edict.  But this would make life simpler for a lot of folks

    Pure unadulterated stupid government meddling in a non-problem.  How about a higher minimum wage and some sound immigration policy?  Then we can fuck with the employment relationship. 

    States can handle their own contract law. 

    So I have to buy the BNA 50 state survey books on Covenants Not to Compete and Duty of Loyalty?  So what?

  5. 3 hours ago, Dahobbs said:

    I'm not convinced that in those examples the non-compete is protecting a proprietary business interest as opposed to just artificially shrinking the market of competitors.

    Then neither would a court, if there is no protectable interest.

    Most companies who routinely use NCs will only make noise if there is a pretty clear potential violation.  They might right a nasty letter but the defendant and the new company will tell them to fuck off. 

     

  6. 4 hours ago, TwiceHorn said:

    Or we could just ban the damned things altogether. 

    A solution in search of a problem.  The issue is simply that there should be more consideration in exchange for the restrictive covenant.  I think continued compensation is the cleanest way and would de-incentivize all agreements unless there was a legitimate interest. 

  7. 4 hours ago, TwiceHorn said:

    Is it really though? **

    Yes, it really is.

     

    4 hours ago, Captainant said:

    Not sure if you noticed, but the problematic NC's I was gesturing towards were the ones being used against minimum wage earners as a means to stop them from moving between employers for better pay - when they're already far below median pay. 

    I think your solution wouldn't fix anything, because getting a few hundred bucks a month in """non-compete pay""" is cold comfort to being legally prohibited from working anywhere else by a NC if you hate your employer. And it's a

    It would fix everything.  You think Jersey Mike's would want to pay have year of salary to someone who has a 95% chance of getting a job at a non-sandwich shop -- thus earning his new pay pay plus the 50% that Jersey Mike's is paying him.  It would eliminate such NCs with low paying jobs.

    BUT it would allow a big company to pay a hefty equivalent to garden leave to an employee -- who could use that time to either take a leave or could immediately get a job with a company who is non-competitive. 

     

  8. 1 hour ago, Captainant said:

    It's very strange that the defense of NC's has been framed as protecting the right of a business to protect its interests, while completely ignoring the rights of those workers to have any sort of autonomy in their employment.

    I'm not sure what you mean by "the autonomy of their employment".  One doesn't have a right to breach confidentiality which is at the heart of NCs.

    Solution - you can enforce NC in a rock solid manner as long as you continue to pay 50% of the salary and continue to provide benefits for the duration of the period, not to exceed two years.

     

  9. 2 hours ago, DaysOff said:

    I loved that book. Really strengthened my hatred for humanity and organized religion.

    It's interesting that instead of trying to focus on how good we can be as a species or what we can accomplish, our goals really should be simply just doing less bad shit. 

    Consume less, asshole.  It won't make you happier than consuming more, but at least you'll be less of an asshole.

    • Hook 'Em 1
  10. Sapiens - A Brief History of Humankind 2014 (audio)

    Sure he's talking out his ass but it's pretty entertaining and certainly has me with the best of intentions planning to follow up on some of his stories/history.  Admire him for just putting it all out there and I espeically like it when he pontificates about shit no one can prove. 

    5_wide-7ffaf387cb42a959f68ae0484c8262216

    Final line:  Is there anything more dangerous than dissatisfied and irresponsible gods who don’t know what they want?

    • Hook 'Em 1
  11. 9 hours ago, Anastasis said:

    Outside the media pundits and the very online politically engaged, nobody really fucking cares about this shit as they go about their day to day. 

    More importantly, harping on the stupidity only gains you support from those on your side.  Look like you give a shit about government.  Let the opposing side throw feces at each other.  I love the way the Dems are handling themselves.  it would be cool if they could make a miracle happen, and get a Dem speaker, but if not, the Repubs are hurting themselves.  The Dems have the message when it matters - next election cycle in purple districts.

×
×
  • Create New...