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Non compete discussion thread


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2023 Feb 8, 5:11pm   717 views  6 comments

by FortWayneAsNancyPelosiHaircut   ➕follow (2)   💰tip   ignore  

Hi guys,

On radio here been a lot of debate about non-competes. A lot of businesses are for noncompetes, while a lot of people also oppose to non-competes. What is your take on the issue? (Conversation sparked by Bidens SOTU announcement)

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1   richwicks   2023 Feb 8, 5:19pm  

FortWayneAsNancyPelosiHaircut says

On radio here been a lot of debate about non-competes. A lot of businesses are for noncompetes, while a lot of people also oppose to non-competes. What is your take on the issue? (Conversation sparked by Bidens SOTU announcement)


They aren't enforceable in California, which is why we became the technological capital of the planet, for a bit.
2   GNL   2023 Feb 8, 6:18pm  

Non competes are bullshit.
3   richwicks   2023 Feb 8, 6:41pm  

GNL says

Non competes are bullshit.


I know people that ended up in court when they were accused of violation in NY - even after their former company went bankrupt, and owed them paychecks.

In tech, a lot of worth of a company is in intellectual property.

Microsoft destroyed Borland by hiring all their engineers to make Visual C++. MS Visual C SUCKED, and it was so bad, that in Windows 3.1, there was no absolute guarantee that allocated memory was actually free when it was allocated. It was garbage. Microsoft hired many people from the Borland team (at a premium price I'm certain) to fix their piece of shit.

The irony is that if Borland didn't exist, I doubt Microsoft Windows would still be used today. Visual C++ was THAT unusable. I was forced to work in it, and I abandoned it for DJGPP. Visual C was buggy and shitty, and it was very hard to work with.
4   SunnyvaleCA   2023 Feb 8, 7:40pm  

It works both ways...

With non-competes, a company can apply extra pressure for an employee to stay by reducing the ability for the employee to work for a competitor. Masters degrees have become specialized – no longer just "software" degree but specific fields such as encryption, networking, AI. I can imaging a new graduate with a specialized degree getting a first job, deciding after a month that the fit isn't good (happens all the time), and then not being able to get a different job in their field of specialty. Ouch.

On the other hand, for better or for worse, plenty of companies have had a great idea and then had a whole bunch of employees leave for a new startup which winds up competing directly with the original company after that original company spent loads of time and money training the employees and researching the technology.
5   AmericanKulak   2023 Feb 8, 7:56pm  

Florida, using Right to Work State legislation, strongly curtails Non Compete Clauses; they have to be geographically limited within Florida, be very narrowly construed (for example trade secrets, or trade secret related training), and can't last more than a few years. Some industries (I forget which, but I think Health Care is one) are prohibited from non-competes entirely or have their area and length limited much further.
6   AD   2023 Feb 8, 8:26pm  

Hard to enforce unless there is proof that intellectual property (and not industry or common knowledge) was given to a competitor from a former employee and the company suffered a loss for this.

That is how this should be handled instead of non competition clauses.

.

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