this post was submitted on 23 Apr 2024
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[–] [email protected] 56 points 4 months ago (1 children)

counterpoint: "I signed an NDA" is an easy cop out if I don't remember or don't feel like talking about what went on at previous jobs in job interviews

[–] [email protected] 18 points 4 months ago (1 children)

Non-competes aren't non-disclosures. Your cover story is safe.

[–] [email protected] 31 points 4 months ago (1 children)

The poster said "now do NDAs", which is what the parent is referring to

[–] [email protected] 17 points 4 months ago

Yeah, I read a couple of comments before getting to this and completely forgot there was a title.

[–] [email protected] 40 points 4 months ago (2 children)

I always thought non-compete agreements were so bizarre. like why would a company get to have any say where I can work after I stop working for them lol. Same vibes as an HOA telling you what color you're allowed to paint your house or how long your grass can be

[–] [email protected] 24 points 4 months ago

We have the freedom to enter into contracts, tankie last-sight

[–] [email protected] 21 points 4 months ago

More like a HOA telling you that you can never paint a house blue again in your life, even after you move out

[–] [email protected] 37 points 4 months ago (2 children)

This is good, but iirc I seem to recall being told in business law years back that most non competes were unenforceable in court

Still, I suppose that's 1 point for this admin, 533,256 against

[–] [email protected] 22 points 4 months ago (1 children)

And companies kept using them anyway, because how many employees know it's unenforceable, or would be able to fight a much larger company trying to enforce it?

I'm expecting more of the same here.

[–] [email protected] 11 points 4 months ago (2 children)

Yeah...the wording of 'nearly all' non competes being voided worries me as well. I wonder if we'll just see corporations weasel a way around this to keep using them

[–] [email protected] 13 points 4 months ago (1 children)

From the official FTC release it looks like existing NCAs for senior executives are still enforceable but new ones can’t be written.

Really curious if this ruling applies to public employers as well as private.

[–] [email protected] 4 points 4 months ago* (last edited 4 months ago)

I finally got curious and went digging, looks like public and private; at least, I don't see anything distinguishing between the two in either this text or the proposed rule

Also looks like the two conservative chairs voted against the rule lmao, shocking

Ed, I did find this in the finalized rule under part E, Sect 1 , 'Generally'

For example, the Act exempts “banks” and “persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act.” And the Act excludes from its definition of “corporation” any entity that is not “organized to carry on business for its own profit or that of its members.” The NPRM explained that, where an employer is exempt from coverage under the FTC Act, the employer would not be subject to the rule. The NPRM also explained that State and local government entities—as well as some private entities—may not be subject to the rule when engaging in activity protected by the State action doctrine.

So probably just certain contractors/researchers could still be bound by NDAs under this ruling, likely ones for government work (as mentioned below)

[–] [email protected] 4 points 4 months ago (1 children)

I suspect it's an exception for matters of national security, ie the MIC.

[–] [email protected] 4 points 4 months ago (1 children)

Wouldn't that typically be an NDA, not a non-compete?

[–] [email protected] 4 points 4 months ago (1 children)

Generally, I'm thinking of the scientists and engineers that do the researching and designing, where it's not just that the company doesn't want them to blab about their internal secrets, but the government also doesn't want them using that knowledge for a foreign competitor.

[–] [email protected] 4 points 4 months ago

That's a fair point

[–] [email protected] 12 points 4 months ago (1 children)

They've been unenforceable in California and New York for several years now, but I think in other states they were still valid.

[–] [email protected] 7 points 4 months ago

I was thinking less along the lines of being outright nullified by definition, and more them not passing the basic tests, but that's good to know. Looks like a lot of other states also already had conditions outlining their use (at the bottom of that link)

[–] [email protected] 29 points 4 months ago* (last edited 4 months ago) (1 children)

I can go steal all my former clients from my prior employer now lol

EDIT: actually nevermind, that's a non-solicitation agreement which is different from a non-compete.

[–] [email protected] 27 points 4 months ago

not if the supreme court has anything to say about it

[–] [email protected] 11 points 4 months ago

Now that we only have a handfull of monopolies running the country....

[–] [email protected] 10 points 4 months ago

Surprised they didn't do noncompetes are binding, but the top 500 companies are exempt.

[–] [email protected] 9 points 4 months ago

https://www.reuters.com/legal/us-labor-board-limits-gag-clauses-severance-agreements-2023-02-22/

At least the NLRB did put some limits on certain NDA/non-disparaging in severance agreements.

[–] [email protected] 8 points 4 months ago (2 children)
[–] Chronographs 40 points 4 months ago (1 children)

An agreement you’re forced to sign when starting a job saying that if you leave you can’t work for a competitor for x number of years.

[–] [email protected] 8 points 4 months ago* (last edited 4 months ago) (12 children)

So its the free market

Edit: people really cant grasp irony here

[–] [email protected] 36 points 4 months ago

Freedom is when you have to sign your rights away to make a wage

[–] [email protected] 31 points 4 months ago

free your hog and post it post-hog

[–] [email protected] 28 points 4 months ago

Sounds like the opposite of a free market to me but what do I know

[–] [email protected] 16 points 4 months ago

You think NDAs are a selling point for the free market?

michael-laugh

[–] [email protected] 4 points 4 months ago

this is why "free market" is an incoherent concept

[–] [email protected] 4 points 4 months ago

If I put a gun to your head and made you sign yourself into slavery, that’s the free market

[–] [email protected] 4 points 4 months ago* (last edited 4 months ago) (1 children)

How was anyone supposed to tell you were trying to invoke irony with no kind of tone indicators or shorthand attached to your post other than insufferable rexxitor smarm? Telepathy-over-IP? /srs

[–] [email protected] 4 points 4 months ago (1 children)

Maybe i was the one setting the bar too high

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[–] [email protected] 15 points 4 months ago* (last edited 4 months ago) (1 children)

It basically means you can't go work for a concurrent of your current company for a set period of time after you leave your job.

[–] [email protected] 4 points 4 months ago (3 children)

The free market manifesting itself

[–] [email protected] 30 points 4 months ago (1 children)
[–] [email protected] 6 points 4 months ago (1 children)
[–] [email protected] 5 points 4 months ago

Good, good👍

[–] [email protected] 13 points 4 months ago

Self-manifesting so hard it requires the employer to force it to happen

[–] [email protected] 10 points 4 months ago

The free market is when you're not free to work for whomever you wish

[–] [email protected] 8 points 4 months ago

This just allows the fed/sec full reign to move to Goldman/etc lol

This will be horrible for fraud in America

[–] [email protected] 6 points 4 months ago

They probably did this for companies so they can take labor from others easier. Side benefit to the workers

[–] [email protected] 4 points 4 months ago

Fucking based.

The only way capitalism can work in any feasible way is if capitalists are doing all the competing, something capitalists promise they're all about but they historically will do anything to avoid competing as much as possible.

[–] [email protected] 4 points 4 months ago

So that smarmy youtube guy with puppets is illegal now?

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