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There are different issues being mixed up here: the fairness of the policy, the enforcibility of the policy and the motivation of the policy. I am only speaki
by frankc 12y ago
There are different issues being mixed up here: the fairness of the policy, the enforcibility of the policy and the motivation of the policy. I am only speaking to the motivation of the policy. Obviously we are just trying to read minds here since neither of us has any evidence of what went into their decision-making process. I am simply telling you from my first-hand knowledge in this industry, that
1) infiltration by potential competitors is common
2) it is a real concern
3) a non-compete provides some mitigation in terms discouraging the practice and providing a possible avenue of enforcement (though it might not actually be enforceable)
The blanket way OP has been dismissed really has to do with the rustled jimmies about the fairness of the policy and does not reflect well on the quality of the replies.
- tptacek 12y agoThat's evasive. We have good reason to discount the idea that Jimmy Johns is seriously motivated by concerns about competing with sandwich chains started by their employees, and among them is the fact that they don't satisfy the requirements for enforcing those noncompetes, which their numerous attorneys have doubtlessly told them.
- frankc 12y agoThey have then doubtlessly been told that they are unenforceable again Joe Employee who wants to work at Subway, but you seem to think that they still do it to trick people from leaving to work at subway. Why don't you think it's useful to discourage people potential competitors from infiltrating their company? I'd bet you it's way more likely to be enforceable in the latter case, against someone looking to copy your operations, if it's enforceable at all.
- aptwebapps 12y agoBecause the bogus non-compete will fool Joe Employee but not Joe Next-Captain-of-Industry.
- bsbechtel 12y agoYou should familiarize yourself with the story of Homejoy. The founders did pretty much exactly what we are describing as a potential threat here in order to gain experience in the cleaning world. The argument that asking employees to sign a non-compete is somehow unethical, yet getting a low-wage job to learn how to run a competing business is not unethical is moot and completely subjective.