4 ms·

There is no way this is enforced though.

rtkwe 4y ago
It's a convenient cause to point to if they're being annoying about scheduling though and the threat of even a nonenforcable contract clause will stop most people, who can afford to fight it just to go back to a job where they'll make up another reason to fire you later anyways, assuming you're in a reasonable state that even forces them to do that.
- vanattab 4y ago
  I am not justifying Non-Competes for food service jobs, I am merely pointing out to anyone that might be in that position not to fear taking another job.
  - alsetmusic 4y ago
    Easier said than done and few of the affected people are likely to be members of this community (HN). Try telling that to a person getting threatened with losing their job.
MattGaiser 4y ago
I would be curious if it were even enforceable under labour law.
- lordnacho 4y ago
  The issue with such problematic clauses is that even though they might not be enforceable, some fraction of people who sign them will stick to them, to their own detriment. What's needed is some kind of harsh punishment for including unenforceable contract clauses, coupled with awareness from the side of the employee.
  - mehlmao 4y ago
    The last few noncompetes I've been presented with have clauses saying that if any part of the noncompete is found to be illegal, the rest still stands. I wholeheartedly believe that if a noncompete contains elements that are illegal at the time of signing, the entire document should be void and the entity presenting it should owe damages.
    - lozenge 4y ago
      That's standard wording in any contract, and in most cases it holds. However, the issue is who is going to present the case for the low wage worker who's lost say $200 in illegal deductions. There is no part of society that will reliably perform that role. By design of course.
    - lordnacho 4y ago
      What happens if you are getting paid by a company for say a year and then the contract is discovered to be void?
kevincox 4y ago
"Luckily" the minimum wage part-time employees can't afford a lawyer to find out if it is unenforceable. I think there needs to be some sort of law against known unenforceable contract provisions. They seem to be pretty commonly used against individuals where they are unlikely to know what is and isn't enforceable.
brianbreslin 4y ago
It seems like they dropped them after being sued by the state. So they must have been enforcing them enough to catch the attention of the Illinois AG. https://www.cnbc.com/2016/06/22/jimmy-johns-drops-non-compete-clauses-following-settlement.html https://www.cnbc.com/2016/06/22/jimmy-johns-drops-non-compet...

It's a convenient cause to point to if they're being annoying about scheduling though and the threat of even a nonenforcable contract clause will stop most people, who can afford to fight it just to go back to a job where they'll make up another reason to fire you later anyways, assuming you're in a reasonable state that even forces them to do that.

vanattab 4y ago
I am not justifying Non-Competes for food service jobs, I am merely pointing out to anyone that might be in that position not to fear taking another job.
- alsetmusic 4y ago
  Easier said than done and few of the affected people are likely to be members of this community (HN). Try telling that to a person getting threatened with losing their job.

MattGaiser 4y ago

I would be curious if it were even enforceable under labour law.

lordnacho 4y ago
The issue with such problematic clauses is that even though they might not be enforceable, some fraction of people who sign them will stick to them, to their own detriment. What's needed is some kind of harsh punishment for including unenforceable contract clauses, coupled with awareness from the side of the employee.
- mehlmao 4y ago
  The last few noncompetes I've been presented with have clauses saying that if any part of the noncompete is found to be illegal, the rest still stands. I wholeheartedly believe that if a noncompete contains elements that are illegal at the time of signing, the entire document should be void and the entity presenting it should owe damages.
  - lozenge 4y ago
    That's standard wording in any contract, and in most cases it holds. However, the issue is who is going to present the case for the low wage worker who's lost say $200 in illegal deductions. There is no part of society that will reliably perform that role. By design of course.
  - lordnacho 4y ago
    What happens if you are getting paid by a company for say a year and then the contract is discovered to be void?

kevincox 4y ago

"Luckily" the minimum wage part-time employees can't afford a lawyer to find out if it is unenforceable. I think there needs to be some sort of law against known unenforceable contract provisions. They seem to be pretty commonly used against individuals where they are unlikely to know what is and isn't enforceable.

brianbreslin 4y ago

It seems like they dropped them after being sued by the state. So they must have been enforcing them enough to catch the attention of the Illinois AG. https://www.cnbc.com/2016/06/22/jimmy-johns-drops-non-compete-clauses-following-settlement.html https://www.cnbc.com/2016/06/22/jimmy-johns-drops-non-compet...