Modern slavery?

[Javarod]

http://www.azcentral.com/video/?bcti.../1191132496001

This looks like trying to ensure someone works for you or not at all, or am i crazy?

[Rapscallion]

Not really. What they want is for someone leaving them not to work for the competition. Has she gone to work as a doctor's receptionist or shelf stacker, then the clause would not have been invoked.

If anyone wants to go down the route of whether or not such clauses are legal, or should be, then feel free to take it to Fratching.

Rapscallion

[BookstoreEscapee]

I have a non-compete clause in my job, but it only applies to specific companies that are listed in it (one of which recently went out of business). I never had that when I was an hourly employee, though (or even in my previous position which was also salaried). If she signed the papers, then she doesn't really have a case, which sucks. If she's arguing she didn't actually sign it, well, I guess that's a question for the court.

[Pedersen]

Non-competes are extremely difficult to determine validity and enforceability.

In some jurisdictions, they are not at all enforceable, even if you sign them. In others, they are enforceable only if they pay you for your downtime. In still others, they are enforceable if you sign them at all, regardless of condition.

In some cases, they are overly broad and struck down by the courts after the fact (after all, a person has to be able to work in the field for which they are trained. Requiring someone with capability to run all of IT for IBM to only accept jobs at McDonald's as a cashier tends to get struck down).

In the end, it comes down to this: Non-competes are becoming more and more commonplace. Unless you are a lawyer, it's going to be extremely difficult for you to tell if the one you are being presented with is actually enforceable. Sometimes, even if you are a lawyer, it's tough to tell.

Be careful out there. It's hard to know what you're getting into. Use legal representation before signing such documents. It does matter, and can save your bacon later.

[tropicsgoddess]

Pretty brutal to be honest. I've had to sign a lot of confidentiality and security clauses but not non-competing. Personally I think it's nuts that they're going after her because she went to the competition for a higher paying job. I'm no lawyer but with the way non-competition agreements can work, I think it's 50/50 on her winning or losing the case should her old job decide to go after her.

[Javarod]

In the end, it comes down to this: Non-competes are becoming more and more commonplace. Unless you are a lawyer, it's going to be extremely difficult for you to tell if the one you are being presented with is actually enforceable. Sometimes, even if you are a lawyer, it's tough to tell.

My point exactly, it seems to me that companies are trying to make it impossible for you to leave for a better situation, at this rate, how much longer before WalMart makes you sign a no compete contract?