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View Diary: Company wants to be able to fire people and prevent them from getting new jobs (151 comments)

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  •  Makes no difference if you can't afford to hire an (12+ / 0-)

    attorney to represent you. Ten grand for a retainer to get something in court. Don't have it? Well, justice isn't for you, then, my friend. :-(

    Information is abundant, wisdom is scarce. The Druid

    by FarWestGirl on Mon Jan 09, 2012 at 05:53:00 PM PST

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    •  Varies by state, I bet. (2+ / 0-)
      Recommended by:
      millwood, FarWestGirl

      Most employment law is state law. The folks who say "it's not enforceable" I strongly suspect have no idea what they're talking about. They may be right in some states but I bet they're wrong in others.

      "The true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals." - Barack Obama

      by HeyMikey on Mon Jan 09, 2012 at 05:56:21 PM PST

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      •  They're probably in blue states (5+ / 0-)

        or non-"right to work" states, places that recognize employees as having rights. Civilized states strictly limit noncompetes.

        My husband was the victim of a noncompete here in Florida..but the funny thing is, when he was still working for them, they demanded that the company's contractors in India sign the noncompete as well...which was a big joke to the folks in New Delhi, these American assholes who think Florida law will apply halfway 'round the world.

        "All governments lie, but disaster lies in wait for countries whose officials smoke the same hashish they give out." --I.F. Stone

        by Alice in Florida on Mon Jan 09, 2012 at 08:47:32 PM PST

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      •  Even Red State judges take a dim view of such (0+ / 0-)

        non-compete contracts, especially when they are overly restrictive. They've apparently been thrown out of several courts in Georgia, and the one I signed is so narrowly written that I'd have to move to a direct competitor across the street (there is no such beast, btw) for it to kick in.

        The most un-enforcable seem to be overly restrictive geographically or time wise. I've been told more than a year is considered unreasonable by most courts.

        In terms of violating it, all of them I've signed have no stated terms of recourse; iow, there is no statement of what I owe if I violate it. It being so open-ended, I can't see a judge even thinking about enforcing it.

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