Follow

Non-compete clauses in employment contracts are socially destructive and should not be enforced by the courts. The USA FTC has proposed a ban on non-compete clauses, and is currently in the 'public comment' phase of the regulation. npr.org/2023/01/05/1147138052/


@pluralistic

@DecaturNature Ok, I will remind you on Saturday Jan 14, 2023 at 4:44 AM PST.

@DecaturNature @pluralistic

A non-compete clause led to the death of my best friend's husband.

He had been selling sporting goods his entire career. The company was bought and his new boss didn't like him. Compelled him to sign a contract with a non-compete, forced him out with a severance package.

Unable to work in the only field he knew, he went to work on his brother's lobster boat, died of a massive stroke (not a good idea to take up lobstering at 52.)

@DecaturNature @pluralistic

I'll encourage my friend to submit something to the FTC site about what happened to her husband.

@gaffa @DecaturNature @pluralistic

That's awful I wonder if he was spectrum

I hope that's not stepping on the post. That is the type of stress -not being liked and forced adaptation) that can end an autistic person's life and it's one of the reasons that our life expectancy is 54 years

Maybe he wasn't, But that abusive power forcing a change on someone who has had a stable life can be fatal to everyone. It's just that the law of % means that it usually happens to autists

@actuallyautistic

@VoxofGod @DecaturNature @pluralistic @actuallyautistic

Nope, he was just a "good old boy" from Missouri, something which worked in his field of selling sports and fishing equipment to shops in Missouri and Kansas. He had been very good at this job for more than 30 years.

But his new boss did not like him, and basically decided to force him out and screw him over simultaneously, forcing him to not be able to work selling a competitor's products.

@AdriTGomes @DecaturNature @pluralistic

I found his obituary. It says:

"He made his career in the marine industry, and despite holding a territory with almost no water, he was the top salesman in his company year after year."

So he was not merely competent, he was the leading sales person in the company, and if not for the non-compete, he could easily have gone to any of his competitors.

@Tbsa @DecaturNature @pluralistic

Thank you. But it is a really good example of why this particular legal tool, which benefits the company exclusively, can really destroy somebody's life.

@gaffa @Tbsa @pluralistic The idea that a person can just sign away their right to make a living is horrendous. Enforcement of these agreements is a prime example of a system that is just meant to keep people down -- get them in a bad position where they feel like they have to agree to bad terms, and then they can be locked into that bad position for the rest of their lives (affecting their kids too). It's completely incompatible with the idea that we have inalienable rights to life and liberty.

@DecaturNature @gaffa @Tbsa @pluralistic
There are some contract terms that are unenforceable, as Ghost & Decatur already mentioned.

We need to expand the list of terms.

@DecaturNature @pluralistic
Can't tell you how many times I've been told 'just ignore it, noncompetes are unenforceable.'

Thing is, they're only "unenforceable" if you can afford to go to court over it. Hardly anybody who's seriously harmed by a noncompete can afford to go to court.

@DecaturNature @pluralistic the way to make noncompetes (almost) acceptable is to have them come with a salary for their duration, and automatically end if & when the salary isn’t paid

Sign in to participate in the conversation
CleverLibre Social

CleverLibre Social is an inclusive social instance for open discussion, learning, and community.
All cultures welcome.
Hate speech and harassment strictly forbidden.