The most stupid work regulation of all time

Teralek
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The most stupid work regulation of all time

I have made one contract which stipulates I cannot work for another company of the same trade for a minimum period of 6 months, after I finished my contract.

I am about to do another one with the same clause. After a bit of research this crap seems legal. I cannot see ANY good coming out of this to anyone except these filthy little people called company owners.

But what really surprises me is that this crap is legal! I should be able to work wherever I want to after finishing a contract.

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"I once prayed to god for a bike, but quickly found out he didnt work that way...so I stole a bike and prayed for his forgiveness"

"All matter originates and exists only by virtue of a force... We must assume behind this force the existence of a conscious and intelligent Mind. This Mind is the matrix of all matter." (Max Planck)

"the existence of mind in some organism on some planet in the universe is surely a fact of fundamental significance. Through conscious beings the universe has generated self-awareness. This can be no trivial detail, no minor byproduct of mindless, purposeless forces. We are truly meant to be here." Paul Davies


Beyond Saving
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 The purpose of a

 The purpose of a non-compete clause is to prevent you from hijacking your employers clients or other actions that could damage your current employer when you leave. It is quite common in sales jobs or jobs where your primary responsibility is to develop relationships with clients. There are people who get jobs with companies for the sole purpose of moving their business to another company. I require them for some of my employees.

 

I might not be particularly big but I do shower regularly Sticking out tongue

If, if a white man puts his arm around me voluntarily, that's brotherhood. But if you - if you hold a gun on him and make him embrace me and pretend to be friendly or brotherly toward me, then that's not brotherhood, that's hypocrisy.- Malcolm X


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Teralek

                         Six months is nothing, engineers, techies, and executives sign non-compete contracts that last for years. It's part of their golden handshakes which means if they violate it will cost them a lot of $$$$$$. I was expecting one with my severence; since the factory was closing down the company didn't invoke any but they did make us sign a behavior clause. Basicly no acts of sabatage, no settleing personal scores ; behave like adults or forget the severence package. For me it was five months between signing and my last day.   None of this is the least bit unuseual.

 

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Teralek wrote:
I have made one contract which stipulates I cannot work for another company of the same trade for a minimum period of 6 months, after I finished my contract.

I am about to do another one with the same clause. After a bit of research this crap seems legal. I cannot see ANY good coming out of this to anyone except these filthy little people called company owners.

But what really surprises me is that this crap is legal! I should be able to work wherever I want to after finishing a contract.

Six months is trivial. It hinges on how similar is same. And then doing something about it means the legal cost of showing damages because they won't simply sue for arbitrary penalties without being harmed because the award can only be based upon the dollar value of the damages they can establish they suffered. Transferring trade secrets has no time limit so this is really little more than boiler plate.

 

Jews stole the land. The owners want it back. That is all anyone needs to know about Israel. That is all there is to know about Israel.

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Teralek
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This stops the free movement

This stops the free movement of people and stops the free market that Beyond saving likes so much. If I get a job offer for a company that pays me 3 times more, I have to wait 6 "months "idle" before going. Which is in fact my case! I already have a pre agreement with them.

I don't see any benefict for society. I don't see many beneficts for society in trade secrets. The market would benefict much from free information and free movement of people.

Sabotage is illegal whether it's in the contract or not. There is nothing I can do to hurt the business of my current employer, unless I create an anonymous internet page telling all the lies they say, which they actually deserve.

Anything I could say only helps healthy competition which is actually needed when a sole company owns 90% of the target market.

There are companies who open for the sole purpose of their owners be rich at any cost, even the cost of public health. So I guess it is also ok that many regulations are in place to protect the consumer. It goes both ways my friends, if not, you risk being hypocrites.

In the case of people that jet a job just to transfer clients I guess there should be some kind of protection. Although that is not the case in the service I work, because such a thing is not possible.

______________________________________________________________
"I once prayed to god for a bike, but quickly found out he didnt work that way...so I stole a bike and prayed for his forgiveness"

"All matter originates and exists only by virtue of a force... We must assume behind this force the existence of a conscious and intelligent Mind. This Mind is the matrix of all matter." (Max Planck)

"the existence of mind in some organism on some planet in the universe is surely a fact of fundamental significance. Through conscious beings the universe has generated self-awareness. This can be no trivial detail, no minor byproduct of mindless, purposeless forces. We are truly meant to be here." Paul Davies


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                  Sorry Terelek but that is the way of the world.  All buisness decissions are made with the idea of makeing the owner(s) more money while  protecting their company secretes and protecting their markets. You can always refuse to sign the contract but you wont get the job.  

 

 

 

 

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I've heard the courts don't

I've heard the courts don't enforce these clauses if it's just you leaving to work for another company. The company you leave has to prove you've stolen from them and caused them financial harm. They just put these in to scare you.

“Religion is regarded by the common people as true, by the wise as false, and by the rulers as useful.” Seneca


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EXC wrote:I've heard the

EXC wrote:

I've heard the courts don't enforce these clauses if it's just you leaving to work for another company. The company you leave has to prove you've stolen from them and caused them financial harm. They just put these in to scare you.

Agreed.

Every time I've heard of it going to court the judge threw it out as an unreasonable demand against someone whos learned skills that have earned them higher wages. The courts won't make you work at McDonalds when you could be at wall street or working for NASA.

I've broken many of them. I smirk every time I'm asked to sign one.

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Teralek
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I KNOW that's how the world

I KNOW that's how the world is Jeffrick... I just don't like it... I want to change it! Sticking out tongue

I think there should be more regulation protecting workers on this particular thing.

EXC yes, I think you're right. It would be too much hassle for them. Even more because my contract is under the jurisdiction of Florida and I am a portuguese citizen residing in Portugal. And, I working at sea. The other company that pays 3 times better, however, is also American.

______________________________________________________________
"I once prayed to god for a bike, but quickly found out he didnt work that way...so I stole a bike and prayed for his forgiveness"

"All matter originates and exists only by virtue of a force... We must assume behind this force the existence of a conscious and intelligent Mind. This Mind is the matrix of all matter." (Max Planck)

"the existence of mind in some organism on some planet in the universe is surely a fact of fundamental significance. Through conscious beings the universe has generated self-awareness. This can be no trivial detail, no minor byproduct of mindless, purposeless forces. We are truly meant to be here." Paul Davies


Beyond Saving
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 A contract is simply a

 A contract is simply a promise between two entities, you and whatever company- the promise can be whatever the two of you imagine. True, non compete clauses are rarely enforced unless direct financial harm is suffered by the company, this is simply because a company has no reason to spend money on lawyers, filing fees, etc.  unless the harm they received is significant enough to justify the expense. As a personal moral standpoint I think one ought to attempt to keep all promises they make.

 

You know the promise demanded before you make it, if you think it is too much you are free to refuse. Many legal promises that people make are promises I believe are foolish; for example, marriage is a foolish promise but people should be free to make it and the state ought to enforce whatever contract people make between themselves foolish or not. I think there are many situations in which a non compete clause is very logical simply to prevent assholes from screwing the company over. While I  probably would never sue anyone over one if I believed they did not intentionally screw me, it is important for me to know that if someone did intentionally screw me I have the option of seeking damages. 

If, if a white man puts his arm around me voluntarily, that's brotherhood. But if you - if you hold a gun on him and make him embrace me and pretend to be friendly or brotherly toward me, then that's not brotherhood, that's hypocrisy.- Malcolm X


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Teralek wrote:

This stops the free movement of people and stops the free market that Beyond saving likes so much. If I get a job offer for a company that pays me 3 times more, I have to wait 6 "months "idle" before going. Which is in fact my case! I already have a pre agreement with them.

If you have a company willing to go that high they will deal with your present employer for you.

Quote:
I don't see any benefict for society. I don't see many beneficts for society in trade secrets. The market would benefict much from free information and free movement of people.

So don't sign it. Negotiate a different version of it. Seriously, identify SAME so you don't have a problem with similar.

Point of law. As they propose the clause then you benefit from any ambiguity. If you assume same means identical then a contract mediator will likely side with you. The benefits of ambiguity acrue to the person being handed a standard contract to sign.

 

Jews stole the land. The owners want it back. That is all anyone needs to know about Israel. That is all there is to know about Israel.

www.ussliberty.org

www.giwersworld.org/made-in-alexandria/index.html

www.giwersworld.org/00_files/zion-hit-points.phtml


Teralek
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well I needed this contract

well I needed this contract that's why I signed even if I don't agree with the clause. This contract is not negotiable. Actually it was this first contract that gave me enough experience to get this second one.

My other employer knows about this clause and wants me to wait six months before starting. But I still asked them like: "do I really need to wait that long?"

I don't see how would they know I'm going to work for the competition, unless someone tells them.

There is no way I can do much damage to my current employer. They know how each other works. And that's is not my goal (to screw my current employer). My goal is to get much better working conditions for myself.

It's still a dumb clause given the nature of my work and I believe it's only in place because of the huge wage difference between the 2 companies.

______________________________________________________________
"I once prayed to god for a bike, but quickly found out he didnt work that way...so I stole a bike and prayed for his forgiveness"

"All matter originates and exists only by virtue of a force... We must assume behind this force the existence of a conscious and intelligent Mind. This Mind is the matrix of all matter." (Max Planck)

"the existence of mind in some organism on some planet in the universe is surely a fact of fundamental significance. Through conscious beings the universe has generated self-awareness. This can be no trivial detail, no minor byproduct of mindless, purposeless forces. We are truly meant to be here." Paul Davies


Beyond Saving
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Teralek wrote:well I needed

Teralek wrote:

well I needed this contract that's why I signed even if I don't agree with the clause. This contract is not negotiable. Actually it was this first contract that gave me enough experience to get this second one.

My other employer knows about this clause and wants me to wait six months before starting. But I still asked them like: "do I really need to wait that long?"

I don't see how would they know I'm going to work for the competition, unless someone tells them.

There is no way I can do much damage to my current employer. They know how each other works. And that's is not my goal (to screw my current employer). My goal is to get much better working conditions for myself.

It's still a dumb clause given the nature of my work and I believe it's only in place because of the huge wage difference between the 2 companies.

 

Ask for a signing bonus to hold you over for the 6 months- take a 6 month vacation. I've known people who have received large enough signing bonuses to last for over a year to get past similar clauses, it all depends on how bad your new employer really wants you but if I was in the new employers position I would consider it a reasonable request since I would be expecting you to live 6 months without a job for me. 

If, if a white man puts his arm around me voluntarily, that's brotherhood. But if you - if you hold a gun on him and make him embrace me and pretend to be friendly or brotherly toward me, then that's not brotherhood, that's hypocrisy.- Malcolm X


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Another point to consider,

Another point to consider, would be the fact that the new employer would see you have a reputation for not honoring contracts.  As a new employer, I would be hard pressed to hire someone that I couldn't trust.  

 

"Don't seek these laws to understand. Only the mad can comprehend..." -- George Cosbuc


Teralek
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Ktulu wrote:Another point to

Ktulu wrote:

Another point to consider, would be the fact that the new employer would see you have a reputation for not honoring contracts.  As a new employer, I would be hard pressed to hire someone that I couldn't trust.  
 

They were the ones actually suggesting that I could end my current contract earlier if they have a vacancy for me sooner than expected.

______________________________________________________________
"I once prayed to god for a bike, but quickly found out he didnt work that way...so I stole a bike and prayed for his forgiveness"

"All matter originates and exists only by virtue of a force... We must assume behind this force the existence of a conscious and intelligent Mind. This Mind is the matrix of all matter." (Max Planck)

"the existence of mind in some organism on some planet in the universe is surely a fact of fundamental significance. Through conscious beings the universe has generated self-awareness. This can be no trivial detail, no minor byproduct of mindless, purposeless forces. We are truly meant to be here." Paul Davies