Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Wow! A teenager can start his own summer camp business. Oh wait. There's that pesky non compete agreement. Guess that teen needs to start a doggy day care instead.
Geez I think you free market ideologues need to get your heads screwed back on straight.
They can get Liz Warren and Obama to help them build that.
And when someone violates the contract, they run to the Big Government Courts to sue them.
Big Government to protect my interests equals good, Big Government to protect others interests equals bad.
Are you trying to say that there's no such thing as a free market???
aahhh.. The internal voice that says "but I can't"
Read this post from another thread.
Quote:
Originally Posted by BOS2IAD
You are quite correct!
My husband works in IT and was unemployed for 10 months. This happened 7 years ago. Eventually, we dipped into our savings so that he could take a course to get a certificate, even though he was familiar with the work but employers wanted to see that piece of paper. We were fortunate enough to have the money saved so that he could do this but we both are well aware that many unemployed people don't have extra money to spare.
So is not having the money an internal voice? The fact is re-training more often than not requires money to retrain. It's rare you can do free retraining that companies would deem relevant training. That and staying up to date in the field. A non-compete can render an auto-CAD designer obsolete because they can't use the software for six months to a year in a work situation. Not all of it is the voice, it's that they just physically are not able to do it. An ant can't lift a building because it is not strong enough not some voice that says "I can't."
Quote:
Originally Posted by pknopp
are they being used for that?
They are being used more and more so it wouldn't surprise me if they aren't already or soon would be subject to them.
Non-competes depending on the state are usually governed by state statutes; Florida having its own non-compete law. There are various kinds of non-compete agreements and the level of court scrutiny will depend on the context of the agreement. Is the non-compete as a result of a commercial transaction or is it a requirement for employment? Generally speaking if a seller of a business signs a non-compete the court will enforce those agreements provided they are reasonable in scope and time.
Though non-competes in an employor/employee setting are generally upheld by the courts, these non-competes will received much greater scrutiny by the courts. Courts do not want to take anyone's livelihood away. They must be limited in time and scope. However, these agreement are very important especially where employer proprietary and trade secret information is concerned. These non-competes will have a confidentiality clause. The state statutes will have language as to what is a reasonable time for an employee to refrain from competing with the employer.
I hardly doubt that the court would enforce a non-compete with the fry cook at a local Burger King, but would enforce a non-compete with a seller of the Burger King to a purchaser.
Anyone who gets a non-compete needs to read them and bring them to an attorney for their review.
Last edited by TreeBeard; 07-02-2014 at 01:27 PM..
My current employer had one in the massive pile of documents I signed. I crossed out several parts of it, signed that, handed it back. They never looked, scanned it in, and off I went.
Funny thing about things like this-most people don't read them, both the ones signing them, and the ones having you sign them.
My prior employer though....they had some insane requirements. As I pointed out they could require me to go to court in Iraq, in the middle of the fighting, at my expense if they were sued.
It was kinda nuts.
And the separation agreement to get severance? That was even crazier.
Lest the point is missed, I want you free market types to justify requiring employees to agree to non compete agreements. Particularly when said agreements are hidden withing the employment deal.
Camp counselors? Exterminators?
I thought you people believed in the freedom of the individual. What I hear you people saying is that businesses and business owners are supreme, and that everyone else has two choices - take it or leave it.
Our country is pretty much taken over by Fascists.
It used to be a country of freedom and liberty for ALL people.
Now it is country run for the benefit of Big Business and Banking where all policies are created to cater to them and everyone else is on their OWN.
Quote:
FascismUSA.com
Where Big Corporations Have Become Our Government
"Fascism should more appropriately be called Corporatism because it is a merger of State and corporate power."
Benito Mussolini, Fascist dictator of Italy
"Fascism will come to America in the name of anti-fascism'. I'm afraid, based on my own long experience, that fascism will come to America in the name of national security."
Wow! A teenager can start his own summer camp business. Oh wait. There's that pesky non compete agreement. Guess that teen needs to start a doggy day care instead.
Do you know of a teen ever asked to sign one in an instance like this? No, me either.
Quote:
Geez I think you free market ideologues need to get your heads screwed back on straight.
B. They should be heavily restricted as companies do tend to abuse them. Nobody should ever have to worry about going broke because their former boss won't let them work in their chosen field.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
