The most prestigious law school admissions discussion board in the world.
|
 |
 
|
Noncompetes BANNED by FTC
Poast new message in this thread
Date: April 23rd, 2024 3:29 PM Author: Carnelian mother (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604703) |
Date: April 23rd, 2024 3:43 PM Author: Splenetic filthy rigor Will this actually go into effect?
Any arguments against constitutionality? |
 |
Date: April 23rd, 2024 3:44 PM Author: Carnelian mother it will prob be challenged and put on ice pending litigation like the climate change disclosure rules (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604746) |
|
Date: April 23rd, 2024 3:45 PM Author: ruddy range I can't see a constitutional argument, only one that the FTC lacks the authority to issue such a rule (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604747) |
|
Date: April 23rd, 2024 3:47 PM Author: carmine ape point wow, what an anti semitic comment. jfc (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604750) |
|
Date: April 27th, 2024 9:51 PM Author: confused copper chapel Wow, cool it Adolf.
Thread closed. |
|
Date: April 27th, 2024 9:53 PM Author: emerald slippery bawdyhouse milk Jesus, the FTC (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47614467) |
|
Date: April 23rd, 2024 3:47 PM Author: carmine ape point in a normal country this wld have been banned 50 billion years ago (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604752) |
|
Date: April 23rd, 2024 8:29 PM Author: Learning disabled dysfunction corner I don't know about Ching Chong land, but most EU countries allow non-competes as long as they are paid, which is how it should be.
Non-competes are essential if you want to do pretty routine things like bring a new doctor into a practice with a strong presence in a geographical area. The practice may front this person relocation costs, etc. Why should they be out because this ((doctor)) decides in 18 months he should strike it out on his own?
Coercive noncompetes suck, and they shouldn't be the rule rather than the exception--as they've come to be for some low-level people in the tech business--but businesses expend a lot of money bringing people into the fold and they shouldn't just be able to turn around and compete with lowered barriers. |
|
Date: April 23rd, 2024 3:51 PM Author: Honey-headed Space Selfie Question pertaining to Chevron vs Natural Resources Defense Council...
Why does an unelected group of 5 people make this "rule" that affects millions of people? Shouldn't Congress make a law defining it? Seems insane some 3 letter agency decides this vs an act of Congress. This should be in the hands of the people. |
|
Date: April 23rd, 2024 3:52 PM Author: ruddy range I have no idea what precise statutory language they are citing for this, but it wouldn't need to be a whole lot, if they have any leg to stand on the issue would seem to be if it is arbitrary and capricious to except certain senior executives (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604770) |
|
Date: April 23rd, 2024 3:52 PM Author: vivacious multi-billionaire library Read Schechter FUCKING Poultry (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604771) |
|
Date: April 23rd, 2024 5:47 PM Author: Honey-headed Space Selfie (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605073) |
|
Date: April 23rd, 2024 4:16 PM Author: Chest-beating rehab agreed.
I don't think the Congress has passed a budget per the Constitutional process since maybe Obama was POTUS. The Senate has devolved from the de facto governing body of the US to a forum for frivolous people to make frivolous speeches and occasionally run for POTUS.
hence the battle for the White House is the battle for all the federal government because the WH ostensibly runs the administrative agencies. when a Dem wins POTUS the agencies have free rein to go lib. and on the occasions where a Republican wins POTUS the agencies stubbornly fight all changes.
so yes it should be for the Congress and POTUS to decide but that world disappeared a while ago. |
|
Date: April 23rd, 2024 5:47 PM Author: Honey-headed Space Selfie The leeches in Congress all want imperial powers in the event they become POTUS so they can make rules for everybody. They're all sociopaths giddy about power. We should have never let them ruin our government like this. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605070) |
|
Date: April 23rd, 2024 4:21 PM Author: Talented Garnet Temple It’s technically the president doing it (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604813) |
|
Date: April 23rd, 2024 5:47 PM Author: Honey-headed Space Selfie Right he can supposedly "fire" them if he doesn't like how they go? (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605071) |
|
Date: April 23rd, 2024 9:42 PM Author: vengeful principal's office Technically, if the president does it, it is not illegal (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605797) |
|
Date: April 23rd, 2024 4:07 PM Author: Vermilion forum generalized bond will this stay in effect after the lawsuit is filed to stop it? this would be super helpful to me if my non compete got invalidated, like really really helpful. $$ (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604776) |
|
Date: April 23rd, 2024 4:19 PM Author: trip puppy I've got like a 6-12 month non compete. How fucked (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604806) |
|
Date: April 23rd, 2024 4:20 PM Author: Talented Garnet Temple This would be great for almost everyone, really bad for a handful (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604811) |
|
Date: April 23rd, 2024 4:23 PM Author: red vigorous state Noncompetes outside the context of an acquisition are total bullshit tbh. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604822) |
|
Date: April 23rd, 2024 4:24 PM Author: Vermilion forum generalized bond (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604828) |
|
Date: April 23rd, 2024 4:30 PM Author: lavender adventurous plaza hominid Haven’t actually read it yet but aren’t arcs in the sale of a business context carved out from this? (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604850) |
|
Date: April 23rd, 2024 4:31 PM Author: Chest-beating rehab yes, if you are like a 25% owner or more of the seller then you can promised not to compete. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604859) |
|
Date: April 25th, 2024 8:22 AM Author: lavender adventurous plaza hominid Tbh that seems high. So you’re a founder selling 10% of your billion dollar company and you can’t be bound to a noncompete?
Edit: just checked and apparently the 25% threshold did not make it into the final rule, just needs to be a BONA FIDE sale of the business. |
|
Date: April 23rd, 2024 4:26 PM Author: Sable razzle-dazzle garrison Political BS move in am election year that will be struck down. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47604838) |
|
Date: April 23rd, 2024 5:12 PM Author: Vermilion forum generalized bond Go suck more chamber of commerce dick faggot (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605006) |
|
Date: April 23rd, 2024 5:51 PM Author: Olive Theater Cuckoldry (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605084) |
|
Date: April 23rd, 2024 5:56 PM Author: Honey-headed Space Selfie (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605096) |
|
Date: April 23rd, 2024 5:57 PM Author: at-the-ready tanning salon idiot (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605103) |
|
Date: April 23rd, 2024 7:29 PM Author: anal friendly grandma (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605395) |
|
Date: April 23rd, 2024 7:48 PM Author: Violent box office sneaky criminal (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605465) |
|
Date: April 23rd, 2024 9:30 PM Author: histrionic halford gay wizard (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605743) |
|
Date: April 23rd, 2024 9:57 PM Author: Crimson Irradiated Filthpig Heaven (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605861) |
|
Date: April 24th, 2024 10:26 AM Author: vivacious multi-billionaire library (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47606369) |
|
Date: April 24th, 2024 10:27 AM Author: Buff liquid oxygen (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47606371) |
|
Date: April 27th, 2024 9:53 PM Author: confused copper chapel (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47614469) |
|
Date: April 23rd, 2024 6:20 PM Author: Splenetic filthy rigor Would love to see an outline and assessment of the arguments. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605202) |
|
Date: April 26th, 2024 4:12 PM Author: Exhilarant effete stage mad cow disease The rule was proposed a solid year ago and got 25000 comments, the vast majority in favor of the rule. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47611734) |
|
Date: April 23rd, 2024 5:15 PM Author: duck-like school cafeteria internal respiration too good to be true. reading the headline disoriented me, first time in maybe 80 years the state just unilaterally did something good for workers. can't be real. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605010) |
|
Date: April 23rd, 2024 5:34 PM Author: red vigorous state In many euro jurisdictions you have to pay for the non compete. So any time an employee leaves you pay them a percentage of their salary for the duration of the noncompete. Shockingly no one does noncompetes because they don’t want to pay except for high level execs. That’s the way it should be. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605030) |
|
Date: April 23rd, 2024 5:35 PM Author: Chest-beating rehab (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605041) |
|
Date: April 23rd, 2024 5:50 PM Author: Vermilion forum generalized bond (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605082) |
|
Date: April 23rd, 2024 5:56 PM Author: Honey-headed Space Selfie (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605099) |
|
Date: April 23rd, 2024 9:58 PM Author: Crimson Irradiated Filthpig Heaven (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605862) |
|
Date: April 27th, 2024 9:53 PM Author: emerald slippery bawdyhouse milk (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47614470) |
|
Date: April 23rd, 2024 6:53 PM Author: Passionate Abusive Deer Antler I always do a self-imposed 12 month noncompete. My former firm has a family too, and anything else wouldn't be fair to deals and relationships that rightly fall within the penumbra of the prior firm. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605242) |
|
Date: April 27th, 2024 9:54 PM Author: confused copper chapel How does the boss' boot taste? (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47614472) |
|
Date: April 23rd, 2024 7:05 PM Author: scarlet submissive national This is amazingly 18000000000.
xo Joe! |
|
Date: April 23rd, 2024 7:14 PM Author: walnut fantasy-prone nibblets quadroon What is CSLG going to do now that Chandler and Kinney are free to open up a PI mill across the street from his joint? (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605326) |
|
Date: April 23rd, 2024 7:49 PM Author: autistic offensive theater stage or worse, a sushi restaurant
|
|
Date: April 23rd, 2024 7:55 PM Author: elite fat ankles wagecucks (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605497) |
|
Date: April 23rd, 2024 8:31 PM Author: Learning disabled dysfunction corner (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605656) |
|
Date: April 23rd, 2024 9:31 PM Author: walnut fantasy-prone nibblets quadroon (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605751) |
|
Date: April 27th, 2024 9:54 PM Author: emerald slippery bawdyhouse milk (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47614471) |
|
Date: April 23rd, 2024 7:21 PM Author: Clear set jap I realize I may be a minority of one on this, but this is bad for business and ultimately the economy. Businesses are fragile entities. This will allow employees more easily to peace out with inside information and skills that they've gained on the companies dime, either to competitors or to start their own companies. It will have a deleterious effect on a lot of industries. I've used a lot of noncompetes over the years and they have kept several businesses going that otherwise would have atomized, so that some moron could try to start his own smaller version of the business and fail. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605363) |
|
Date: April 23rd, 2024 7:32 PM Author: Bateful Tan Public Bath shut up faggot (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605403) |
|
Date: April 23rd, 2024 9:31 PM Author: histrionic halford gay wizard tcr (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605750) |
|
Date: April 23rd, 2024 7:48 PM Author: Vermilion forum generalized bond Wow that would be terrible if employees became motivated to “start their own companies” with “skills that they’ve gained” (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605463) |
|
Date: April 23rd, 2024 7:55 PM Author: Clear set jap Years back, I bought a small manufacturing company from a guy who had owned it for a long time. His manager signed a noncompete to keep working for me, but was angry and bitter that he didn't get to buy the company himself. Bad relationship but things rolled along, if rockily. It was a good deal for me overall.
Eventually, I decided to sell the business to one of my customers. The manager and his noncompete went along to the new owner with the deal. After a short while, it became clear that things weren't working out, and the new owner closed the business, freeing the manager from his noncompete.
He was free at last to pursue his dream of entrepreneurship! The manager assembled some equipment and rented the old building. He had tons of inside knowledge of how to make the product, relationships with customers, etc. And how did he do?
He fell flat on his face. The business shriveled up and died within a couple of years. The guy just wasn't cut out to be his own boss. But here's my point: if it hadn't been for his noncompete, he would have gone out on his own sooner, and had the same result. The only difference is that the business wouldn't have continued profitably, producing jobs and helping customers, for as long as it did. |
|
Date: April 23rd, 2024 9:27 PM Author: thirsty menage And the name of the manager was…Albert Einstein (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605730) |
|
Date: April 26th, 2024 4:39 PM Author: Exciting avocado azn hall Maybe it would have been better if he just crashed and burned fast and then someone ELSE started an even BETTER business than that one! (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47611782) |
|
Date: April 26th, 2024 4:42 PM Author: Honey-headed Space Selfie Cr just like America. We need it to fail so we can create CSA 2.0. The faster we get away from these liberal turkeys the better. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47611792) |
|
Date: April 23rd, 2024 7:56 PM Author: elite fat ankles wagecucks Oh no not a deleterious effect (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605501) |
|
Date: April 23rd, 2024 9:42 PM Author: Cruel-hearted Mint Laser Beams (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605798) |
|
Date: April 24th, 2024 10:31 AM Author: Maniacal gold spot alpha (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47606377) |
|
Date: April 26th, 2024 4:14 PM Author: Exhilarant effete stage mad cow disease Those are the worst kind of effects. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47611736) |
|
Date: April 23rd, 2024 8:16 PM Author: scarlet submissive national Risten!
Then that guy can crawl back after his venture fails. |
|
Date: April 23rd, 2024 8:25 PM Author: unhinged blood rage home this will incentivize companies to treat their best employees better (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605639) |
|
Date: April 23rd, 2024 9:58 PM Author: Crimson Irradiated Filthpig Heaven o noes not the economy! (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605864) |
|
Date: April 27th, 2024 9:55 PM Author: emerald slippery bawdyhouse milk oh no not atomization of too big to fail businesses that then use their market power to stifle innovation and lobby the govt to crush small businesses (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47614474) |
|
Date: April 23rd, 2024 7:33 PM Author: Bateful Tan Public Bath What counts as a non-compete? Would think companies could just rephrase the language as a clawback and ONE WEIRD TRICK their way back into essentially the same security against leavers (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605410) |
|
Date: April 23rd, 2024 7:43 PM Author: Spectacular transparent trailer park Absent a court decision I would agree. They are other ways, carrot rather than stick etc (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605451) |
|
Date: April 23rd, 2024 7:51 PM Author: Fluffy yapping address personal credit line No weird trick with this one:
https://www.ftc.gov/system/files/ftc_gov/pdf/noncompete-rule.pdf
Non-compete clause means: (1) A term or condition of employment that prohibits a worker from, penalizes a worker for, or functions to prevent a worker from: (i) seeking or accepting work in the United States with a different person where such work would begin after the conclusion of the employment that includes the term or condition; or (ii) operating a business in the United States after the conclusion of the employment that includes the term or condition. (2) For the purposes of this part 910, term or condition of employment includes, but is not limited to, a contractual term or workplace policy, whether written or oral. |
|
Date: April 23rd, 2024 8:00 PM Author: Talented Garnet Temple lol how were these ever legal in the first place? (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605514) |
|
Date: April 23rd, 2024 8:21 PM Author: scarlet submissive national They never used to be. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605631) |
|
Date: April 23rd, 2024 8:33 PM Author: Learning disabled dysfunction corner (california burrito fucker)
They just have to be limited in duration and geography. It's not fucking rocket science. |
|
Date: April 23rd, 2024 9:40 PM Author: histrionic halford gay wizard As someone who has had non-competes themselves and also made employees execute them, GOOD FUCKING RIDDANCE!!!111 They are complete and utter bullshit and unAmerican at their core. "Oh, hello, you're fired, but don't try and get the same kind of job near us for an entire year. You and your family can eat dirt or get a job at McDonald's." There were literally jurisdictions in America that enforced them against people the company fucking fired. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47605795) |
|
Date: April 24th, 2024 10:26 AM Author: Self-absorbed Violent Immigrant Hissy Fit i read somewhere that amazon was one of the most aggressive in enforcing noncompetes against low level engineers. out of curiosity what kind of jx uphold them even after firing, solid red states? (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47606368) |
|
Date: April 24th, 2024 10:35 AM Author: Impertinent community account dopamine There were stories a few years ago about driving sandwich artists and other fast food workers having noncompetes. Not sure if true TBH (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47606393) |
|
Date: April 24th, 2024 10:54 AM Author: histrionic halford gay wizard Only a few states say if you're terminated not for cause (cause would be like you stole secrets etc.) you automatically can't enforce a non-compete because if you were so valuable to the company that they needed a non-compete, they wouldn't fire you/lay you off. NY is that kind of jurisdiction. Most other states do a reasonable test, but the employee has to get a lawyer and prove to the judge they shouldn't enforce it because they were terminated, which is complete fucking bullshit if you think about it. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47606407) |
|
Date: April 24th, 2024 3:16 PM Author: Self-absorbed Violent Immigrant Hissy Fit ty. as a w2 wage earner, i understand the benefit of free competition in labor, my brother (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47607158) |
|
Date: April 26th, 2024 4:41 PM Author: Exciting avocado azn hall Just don't tell anyone or update your LinkedIn, who's gonna know where you're working? (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47611789) |
|
Date: April 27th, 2024 7:54 PM Author: histrionic halford gay wizard If you're in sales this doesn't work, because everyone checks you out before they'll ever buy anything. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47614275) |
|
Date: April 24th, 2024 10:33 AM Author: Maniacal gold spot alpha Yet it took Lina KHAN, a musbro, to get rid of this unAmerican edifice (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47606380) |
|
Date: April 24th, 2024 10:33 AM Author: brindle big fortuitous meteor have sealclubber or TDNW given their early 2000s national review/ayn rand "objectivist" take on this yet? (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47606385) |
|
Date: April 27th, 2024 9:56 PM Author: emerald slippery bawdyhouse milk I’m a small business owner you dumbfuck (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47614478) |
|
Date: April 24th, 2024 3:25 PM Author: sadistic reading party no one here is affected because decades ago wise judges dug deep into their lived experiences and found a penumbra that says, haha, turns out these aren't enforceable as to lawyers ever! They're enforceable to everyone else though guess it sucks to be you. (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47607199) |
|
Date: April 26th, 2024 3:40 PM Author: Self-absorbed Violent Immigrant Hissy Fit they're enforceable against in-house aren't they, or no? (http://www.autoadmit.com/thread.php?thread_id=5520770&forum_id=2#47611673) |
|
Date: April 26th, 2024 3:48 PM Author: scarlet submissive national Not if you can prove you are a real attorney and not an in house bitch.
So for all practical purposes, they were enforceable. |