3 ms·
Upvoting cause I agree in principal with where you're coming from in the sense that employers and employees should be able to bargain in their contracts and inc
by starwind 4y ago
Upvoting cause I agree in principal with where you're coming from in the sense that employers and employees should be able to bargain in their contracts and include clauses like non-competes as long as they square with the public policy of the state.
My issue (and probably yours) is the way non-competes get handled by employers
* Every non-compete I've signed has been sprung on me while filing out paperwork on my first day. What am I supposed to? Walk out and be unemployed while I look for a new job?
* What do I actually get for a non-compete clause? Judges routinely rule that continued employment is enough consideration for near-anything including non-competes. But if some companies don't have non-competes, to me that isn't true consideration. Me signing a non-compete that isn't worded in this-for-that like standard contract clauses should be should be treated as a gift on my part by the courts that can be revoked
* Many states have restrictions on non-competes but most non-competes for national companies are boilerplate and often too broad. Combine this with a mandatory arbitration agreement and employers are doing an end-run around state labor laws either through arbitration or just strong arming employees