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Started By
Message
Posted on 4/23/24 at 8:37 pm to TDsngumbo
Uh oh corporate cucks won’t like this
Posted on 4/23/24 at 8:40 pm to SlidellCajun
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 on 4/23/24 at 8:40 pm to TigeeDaleC
lol the Federal Trade Commission Act was passed over 100 years ago.
Posted on 4/23/24 at 9:23 pm to supatigah
quote:so long as the NC is the same as the pay period, no issues ; but that rarely happens
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
Posted on 4/23/24 at 9:27 pm to Draconian Sanctions
quote:
lol you don’t know a fricking thing about the constitution
Educate us
Posted on 4/23/24 at 9:29 pm to SlidellCajun
quote:
Law goes into effect in august
What is the actual law?
Posted on 4/23/24 at 9:54 pm to CatfishJohn
I wonder how they’ll view “non-solicitations”. I say throw those out also.
Posted on 4/23/24 at 10:07 pm to WPBTiger
All I see is the nose on that thing!
Posted on 4/23/24 at 10:25 pm to deltaland
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 on 4/23/24 at 10:27 pm to WPBTiger
Good news is your pic made global news!
Bad news is they took the pic while you were ripping a massive fart.
Posted on 4/24/24 at 6:07 am to Draconian Sanctions
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.
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 on 4/24/24 at 6:32 am to 3nOut
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 on 4/24/24 at 7:12 am to TDsngumbo
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.
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 on 4/24/24 at 7:52 am to Undertow
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 on 4/24/24 at 8:00 am to TDsngumbo
Lina Khan (FTC)
Also expert at pantomime sex therapy
Also expert at pantomime sex therapy
Posted on 4/24/24 at 8:26 am to Shexter
quote:
Is not signing it really an option if you want the job
Depends on how bad they need you
Posted on 4/24/24 at 8:31 am to 3nOut
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 on 4/24/24 at 8:35 am to OceanMan
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!!!
All cars that exceed the speed limit are illegal!!!
Posted on 4/24/24 at 8:49 am to Indefatigable
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.
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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