Leader Posted April 24 Share Posted April 24 5 hours ago, packfanfb said: In non-Packers news, FTC passed final rule to ban non-compete clauses nationwide. Rule won't be effective for 120 days after it's published (and could be further delayed by legal challenge between now and then), but this is pretty significant nonetheless. Applies retroactively as well, as long as there is no pending litigation between the employer/worker. The portal is opening....... Quote Link to comment Share on other sites More sharing options...
vegas492 Posted April 24 Share Posted April 24 16 hours ago, packfanfb said: In non-Packers news, FTC passed final rule to ban non-compete clauses nationwide. Rule won't be effective for 120 days after it's published (and could be further delayed by legal challenge between now and then), but this is pretty significant nonetheless. Applies retroactively as well, as long as there is no pending litigation between the employer/worker. I know employers who are already changing their "No Compete" clauses to "No Solicitation" clauses. Either way, employers are going to find a way in this one. Course, the true "No Compete" clauses should go away. I know that in some parts of the country, those things prohibit employees from changing jobs within their fields. In my world, it doesn't prohibit changing to a different employer while doing the same job, rather it keeps that employee from going after their old clients for a period of time. Either way...I find this very interesting to follow. Quote Link to comment Share on other sites More sharing options...
Leader Posted April 24 Share Posted April 24 44 minutes ago, vegas492 said: I know employers who are already changing their "No Compete" clauses to "No Solicitation" clauses. Either way, employers are going to find a way in this one. No solicitation as in dont sell your services to "my customer?" That seems fairly nebulous no? Even if enforceable...taken at face value, it would only apply to sales people. Quote Link to comment Share on other sites More sharing options...
Refugee Posted April 24 Share Posted April 24 I understand the spirit of the rules as they were but it does seem to deny some pretty fundamental rights of the employee if they are controlled by their former employer on future employment. Of course trade secrets and proprietary information have to be protected. Intellectual property is the lifeblood of many businesses, especially but not exclusively based in technology. Businesses have to acknowledge that when they let an employee go, they also lose the relationships that employee has built and seems like a stretch to say they can no longer use their contacts in a new place of employment. There will be some complications and unintended consequences from this just like anything, but I think this is the correct move. Quote Link to comment Share on other sites More sharing options...
vegas492 Posted April 24 Share Posted April 24 2 hours ago, Leader said: No solicitation as in dont sell your services to "my customer?" That seems fairly nebulous no? Even if enforceable...taken at face value, it would only apply to sales people. Eh. Not really nebulous at all. Very black and white. Go work somewhere else, that is fine, but don't take my clients that you sold and managed for me. And no, it wouldn't apply to just sales people. Could apply to service folks and anyone who actually interfaces with clients. I get the concern from the employers, in my industry. It'll mean they need to pay more for talent to stay and parting ways with an employee could have very real financial consequences that they do not have to deal with right now. If....if....this applies to solicitation agreements and not just no compete agreements. So far everything I've read is for no competes, not no solicitation. Quote Link to comment Share on other sites More sharing options...
Leader Posted April 24 Share Posted April 24 24 minutes ago, vegas492 said: Go work somewhere else, that is fine, but don't take my clients that you sold and managed for me. And no, it wouldn't apply to just sales people. Could apply to service folks and anyone who actually interfaces with clients. Fine. I go work someplace else (or open my own business) - the sales force of wherever I go (or my new business) solicit the new client. I didnt do any of the solicitation. None. Done. Take me to court....for what and how? The courts cant remove *the clients* ability to move their business unless *the client* has an iron clad contract with the business I just left (or who let me go). And this: "Could apply to service folks and anyone who actually interfaces with clients" Is ridiculous. That could apply to anybody who talked to the potential new client on the phone in any capacity....which isnt legally enforceable. Quote Link to comment Share on other sites More sharing options...
vegas492 Posted April 24 Share Posted April 24 (edited) 29 minutes ago, Leader said: Fine. I go work someplace else (or open my own business) - the sales force of wherever I go (or my new business) solicit the new client. I didnt do any of the solicitation. None. Done. Take me to court....for what and how? The courts cant remove *the clients* ability to move their business unless *the client* has an iron clad contract with the business I just left (or who let me go). And this: "Could apply to service folks and anyone who actually interfaces with clients" Is ridiculous. That could apply to anybody who talked to the potential new client on the phone in any capacity....which isnt legally enforceable. I know you feel like you have a great handle on how this works. I'll say this. You do not. Not for my industry. Not in the least. There is just so very much I can type concerning how you are wrong in every way shape and form. Even though what you type may make sense, reality is a very different animal entirely. And since I'd be defending employers here, while being an employee, I just had lunch and I don't think I can stomach doing that. Edited April 24 by vegas492 Quote Link to comment Share on other sites More sharing options...
Leader Posted April 24 Share Posted April 24 15 minutes ago, vegas492 said: And since I'd be defending employers here, while being an employee, I just had lunch and I don't think I can stomach doing that. Well....since I've been both the employee and the business owner...I have a different take on things. Quote Link to comment Share on other sites More sharing options...
vegas492 Posted April 24 Share Posted April 24 24 minutes ago, Leader said: Well....since I've been both the employee and the business owner...I have a different take on things. I can tell by what you've said, you do not work in my industry. You were not an owner in my industry. This conversation is going no where. You stick to posting headlines, I'll stick to ignoring them. 1 Quote Link to comment Share on other sites More sharing options...
Leader Posted April 24 Share Posted April 24 4 minutes ago, vegas492 said: ! can tell by what you've said, you do not work in my industry. You were not an owner in my industry. This conversation is going no where. You stick to posting headlines, I'll stick to ignoring them. I'm retired. The money's all been made and stashed away....where it's compounding itself on a daily basis while I piss time away chatting with you. Quote Link to comment Share on other sites More sharing options...
vegas492 Posted April 24 Share Posted April 24 1 minute ago, Leader said: I'm retired. The money's all been made and stashed away....where it's compounding itself on a daily basis while I piss time away chatting with you. Not anymore. Back on ignore. Have a nice time, enjoying my little rhyme. Quote Link to comment Share on other sites More sharing options...
Leader Posted April 24 Share Posted April 24 1 minute ago, vegas492 said: Not anymore. Back on ignore. Have a nice time, enjoying my little rhyme. Good. Get back to work. Quote Link to comment Share on other sites More sharing options...
ThatJerkDave Posted April 24 Author Share Posted April 24 Quote Link to comment Share on other sites More sharing options...
ChaRisMa Posted April 25 Share Posted April 25 7 hours ago, Leader said: Fine. I go work someplace else (or open my own business) - the sales force of wherever I go (or my new business) solicit the new client. I didnt do any of the solicitation. None. Done. Take me to court....for what and how? The courts cant remove *the clients* ability to move their business unless *the client* has an iron clad contract with the business I just left (or who let me go). And this: "Could apply to service folks and anyone who actually interfaces with clients" Is ridiculous. That could apply to anybody who talked to the potential new client on the phone in any capacity....which isnt legally enforceable. As both an owner and an employee, that sounds like you’d be getting yourself in a civil suit you could easily lose. That sounds like fraud. You’re deceiving your previous employer. They’d just have to prove it and you’d be out of luck. Quote Link to comment Share on other sites More sharing options...
Leader Posted April 25 Share Posted April 25 22 minutes ago, ChaRisMa said: As both an owner and an employee, that sounds like you’d be getting yourself in a civil suit you could easily lose. That sounds like fraud. You’re deceiving your previous employer. They’d just have to prove it and you’d be out of luck. They cant charge me with solicitation if I dont do any....or to be more precise....they cant convict me of solicitation that I dont do. Quote Link to comment Share on other sites More sharing options...
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