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The Original Greaser Bob

Certifiably Surly
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Everything posted by The Original Greaser Bob

  1. 3000 Years of Longing (2022) I thought it was pretty great. Simple story but managed to be weird as shit. George Miller is pretty awesome. Between this, Bardo and Tar, seeing some pretty unique and great flicks.
  2. Supply and demand. Now we are talking about four concepts. Supply and demand, prices, free market, and contracts.
  3. If you can't tell the difference between being against a specific government action and anarchy, I bet that did sound weird.
  4. Your doing good with my gobbledy gook, so kudos. Trying to be clear: 1) Contracts are generally a matter for states, so preference would be for states to handle. Especially true since in this federal environment, fed law is subject to greater change than state. 2) If Feds have to act, would prefer them making it simply about increasing consideration and allow for attorneys fees and damages if there are violations. As stated previously, making 50% of wages and retaining benefits is pretty good for doing nothing if your only restriction is not to violate a non-compete.
  5. To be clear I never said anything about "no government action". I think the federal plan is a poor plan - it doesn't go the the real issue, and since most contracts are a matter of state law, I think it should stay a state issue. IF the feds decide to get into the issue, I think a simple consideration law would make the most sense. But I personally would be fine with the states dealing with the contractual issue.
  6. Pretty easy. States could simply make it a wage claim. Or provide attorneys fees plus liquidated damages.
  7. So you kind of agree with me on the consideration argument, D?
  8. Tell my why the consideration argument I made above doesn't solve the problem -- you kind of ignored that argument. It eliminates the issue related to low paid employees. It provides adequate compensation for high paid employees.
  9. 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.
  10. 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.
  11. 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.
  12. 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?
  13. Free Market has to do with prices. This has to do with contracts, confidential infomration and the duty of loyalty.
  14. 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.
  15. 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.
  16. Yes, it really is. 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.
  17. Getting vaxxed gave me low T. Oh my god. Low T made me get vaxxed!
  18. 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.
  19. 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.
  20. 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. Final line: Is there anything more dangerous than dissatisfied and irresponsible gods who don’t know what they want?
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