4 ms·
You are arguing in the void I’m afraid. Once again, poaching describes the comportment of a company towards another. It’s not a statement regarding the moralit
by StopDisinfo910 1y ago
You are arguing in the void I’m afraid.
Once again, poaching describes the comportment of a company towards another. It’s not a statement regarding the morality of accepting of rejecting the offer from the point of view of the employee. It doesn’t in any way implies that employees are the property of a company.
The issue is not about whether or not employees are central to work. That much is obvious. The issue is that building a talented team and putting in place the condition for it to properly work is a significant cost. That’s why it’s generally illegal for another company to just come and rehire everyone wholesale.
The issue is not even hiring talents from another company. The issue is that it’s targeted. They are not hired because they are extremely talented. They are hired because they work for Massimo and will bring trade secrets with them.
I’m sure the Apple of this world would like it being completely legal a lot. It would basically put a damper on any small companies trying to compete with them if they could just come and buy out the team of any potential threat to their hegemony.
- wat10000 1y ago“That’s why it’s generally illegal for another company to just come and rehire everyone wholesale.” Er, what? Can you elaborate on what makes this illegal?
- StopDisinfo910 1y agoThe hiring in itself is technically okay but if you do it too much - which is what I implied by wholesale - it makes it hard to defend against allegations that you are not misappropriating trade secrets which is illegal. That’s part of the dispute between Apple and Masimo.
- wat10000 1y agoIn other words, it’s not at all illegal for another company to come in and hire all of a company’s employees. It is illegal to steal trade secrets.
- StopDisinfo910 1y agoAggressively hiring all of a company’s employees will get you condemned for stealing trade secrets so, in other worlds, it’s de facto illegal.
- wat10000 1y agoI don’t believe you.
- StopDisinfo910 1y agoYou don’t have to believe me. You can do a quick search on the jurisprudence surrounding trade secrets and employee poaching. There are plenty of cases in high value industries - mostly banking and software. If a company lift a whole team in a short span of time, it gets really hard to argue there is no misappropriation.
- wat10000 1y agoAre there any examples where mass “poaching” was the only evidence? I found plenty of examples where it was part of what happened, but they all have other evidence of theft of trade secrets or whatever else the lawbreaking behavior was.