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Message

re: Non-Compete agreements are now illegal nationwide!

Posted on 4/23/24 at 8:34 pm to
Posted by TigeeDaleC
Prairieville
Member since Jun 2014
129 posts
Posted on 4/23/24 at 8:34 pm to
The federal government does not have the legal authority to ban non-competition agreements, under the Constitution. See Art I sect. 8 and the 10th amendment.
Posted by Damone
FoCo
Member since Aug 2016
32735 posts
Posted on 4/23/24 at 8:37 pm to
Uh oh corporate cucks won’t like this
Posted by wadewilson
Member since Sep 2009
36540 posts
Posted on 4/23/24 at 8:40 pm to
quote:


It gets tricky

Employees can manipulate it. They can behave in such a way as to get fired.


If it's a right to work state it doesn't matter.
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
84855 posts
Posted on 4/23/24 at 8:40 pm to
lol the Federal Trade Commission Act was passed over 100 years ago.
Posted by evil cockroach
27.98N // 86.92E
Member since Nov 2007
7461 posts
Posted on 4/23/24 at 9:23 pm to
quote:

5. you have been an employee, they fire you or lay you off and then require you to sign a NCC as part of your severance - this one is the most cruel and should be illegal
so long as the NC is the same as the pay period, no issues ; but that rarely happens
Posted by dallastigers
Member since Dec 2003
5706 posts
Posted on 4/23/24 at 9:27 pm to
quote:

lol you don’t know a fricking thing about the constitution


Educate us
Posted by dallastigers
Member since Dec 2003
5706 posts
Posted on 4/23/24 at 9:29 pm to
quote:

Law goes into effect in august


What is the actual law?
Posted by salty1
Member since Jun 2015
4429 posts
Posted on 4/23/24 at 9:54 pm to
I wonder how they’ll view “non-solicitations”. I say throw those out also.
Posted by 2Dueces
Hell
Member since Dec 2018
186 posts
Posted on 4/23/24 at 10:07 pm to
All I see is the nose on that thing!
Posted by 3nOut
Central Texas, TX
Member since Jan 2013
28881 posts
Posted on 4/23/24 at 10:25 pm to
quote:


Non competes should only apply while employed.

Example: you work for a company that provides a service. You cannot compete against the company by offering the same service on the side to companies’ clients trying to undercut them.



i work in a small mom and pop value added reseller. my predecessor did exactly this. he basically started taking customers and moving them to his private contract work or another company that he was double dipping for while working for us. this all was right before i got here. that was blatant dishonesty.


my opinion on NCCs is that you can't say they can't be in the same industry or work for a competitor, but you also can't download the CRM and take it with you. this was the closest thing to an NCC or NDA I had to sign.

we just hired a guy from an "competitor" out of state that sells similar techoology, but to a different market. we met with some of those customers in TX together. his previous company is based out of CO and those customers said "we bought from you, who came in our state and met with us here in TX. We did not buy from a bunch of dudes in CO who never came down here. we'll keep working with you."



i don't like non-elected officals making this decision though. i view any rule coming "not from congress" as BS anyways.
Posted by Robin Masters
Birmingham
Member since Jul 2010
29749 posts
Posted on 4/23/24 at 10:27 pm to


Good news is your pic made global news!

Bad news is they took the pic while you were ripping a massive fart.
Posted by Undertow
Member since Sep 2016
7317 posts
Posted on 4/24/24 at 6:07 am to
Well I obviously know more about it than you.

I’ve read the FTC Act and it doesn’t (or shouldn’t) apply to this. But the way the bill is written it does kind of open the door for them to seize more power than was intended. That’s why I’m for the abolition or re-writing of the FTC Act to better specify its boundaries.
This post was edited on 4/24/24 at 6:17 am
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65697 posts
Posted on 4/24/24 at 6:32 am to
quote:

work in a small mom and pop value added reseller. my predecessor did exactly this. he basically started taking customers and moving them to his private contract work or another company that he was double dipping for while working for us. this all was right before i got here. that was blatant dishonesty.


my opinion on NCCs is that you can't say they can't be in the same industry or work for a competitor, but you also can't download the CRM and take it with you. this was the closest thing to an NCC or NDA I had to sign.

we just hired a guy from an "competitor" out of state that sells similar techoology, but to a different market. we met with some of those customers in TX together. his previous company is based out of CO and those customers said "we bought from you, who came in our state and met with us here in TX. We did not buy from a bunch of dudes in CO who never came down here. we'll keep working with you."



i don't like non-elected officals making this decision though. i view any rule coming "not from congress" as BS anyways.

I quoted this to help anyone further to roast the shite out of you without taking up 1000 words. Read your words again
Posted by OceanMan
Member since Mar 2010
20018 posts
Posted on 4/24/24 at 7:12 am to
Non competes should not be valid or even allowed unless presented with the job offer.

I don’t know if this is within scope of the FTC or any other federal authority, I supposed employment law is not part of UCC. But I do think this needs to be tightened up at various levels of authority, as in practice what often happens is the employee is giving consideration that the employer isn’t reciprocating.

I had a job where they gave me one several days into the job. I was also in admin so there was no risk of solicitation for me. Later found out they did this to all employees, and freely used it to frick with them if they ever thought about leaving. They even tried to “enforce” it on a guy I know for a fact they tried to squeeze out. It was a really horrible, toxic place. They refused to pay a bonus I clearly earned and was very clearly spelled out in my offer letter. When I eventually left, they brought up my NC (which I never actually provided to them) to my new employer after I accepted. These companies sort of operated in the same industry, except the latter did work the former was not licensed to do. That whole situation hurt my relationship with the new gig down the line.

None of this is to say the FTC has authority to do this, but i do think this needs a closer look in relation to laws already written. If not presented with a job offer, you have now asked for more than the employee originally agreed to, offering nothing in return. Further, limiting future opportunities extends beyond the “at will” environment many states operate in.
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
84855 posts
Posted on 4/24/24 at 7:52 am to
quote:

Well I obviously know more about it than you.


i promise you don’t

quote:

I’ve read the FTC Act and it doesn’t (or shouldn’t) apply to this.


okay, why?

quote:

But the way the bill is written it does kind of open the door for them to seize more power than was intended. That’s why I’m for the abolition or re-writing of the FTC Act to better specify its boundaries.


This sounds like a personal political philosophy and not at all applicable. I don’t care what you think it SHOULD say.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65665 posts
Posted on 4/24/24 at 8:00 am to
Lina Khan (FTC)
Also expert at pantomime sex therapy

Posted by Old Character
Member since Jan 2018
860 posts
Posted on 4/24/24 at 8:26 am to
quote:

Is not signing it really an option if you want the job


Depends on how bad they need you
Posted by Green Chili Tiger
Lurking the Tin Foil Hat Board
Member since Jul 2009
47603 posts
Posted on 4/24/24 at 8:31 am to
quote:

i don't like non-elected officals making this decision though. i view any rule coming "not from congress" as BS anyways.


Well frick the Supreme Court I guess...
Posted by VetteGuy
Member since Feb 2008
28164 posts
Posted on 4/24/24 at 8:35 am to
In other news, the DEA just mandated that automobiles can't be built that exceed the speed limit.

All cars that exceed the speed limit are illegal!!!
Posted by Floyd Dawg
Silver Creek, GA
Member since Jul 2018
3902 posts
Posted on 4/24/24 at 8:49 am to
Because most non C-level employees do not sign employment contracts, they sign employment agreements. There is a significant difference.

An agreement doesn’t bind the company to the employee and vice versa. A contract does in that the employee is compensated if the contract period is not completed. A contract also defines a period of employment. If you carefully read most of the employment contracts you’re presented, almost all of them specifically state they are not a contract.
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