by yoelo on 1/5/23, 3:07 PM with 494 comments
by neonate on 1/5/23, 7:30 PM
by steelframe on 1/5/23, 7:25 PM
They freaked out when I told them I didn't want to complete the interview loop because apparently I had passed their initial "weeder" interview and they were getting really excited about the possibility of me joining. But I would have had to sign that "everything, forever" NDA to keep going, and they weren't willing to go back to legal or do anything to change it, so that was that.
I personally know several people in my state who had their careers impacted due to threats from former employers over an NDA, so I really don't feel like that was an overreaction on my end. And I'm super-happy where I ended up.
I just wanted to provide a data point on how NDAs that go overboard ("everything, forever") can cut both ways.
by ecshafer on 1/5/23, 3:49 PM
by TSiege on 1/5/23, 3:35 PM
> The commission’s proposal appears to address this issue by requiring employers to withdraw existing noncompetes and to inform workers that they no longer apply. The proposal would also make it illegal for an employer to enter into a noncompete with a worker or to try to do so, or to suggest that a worker is bound by a noncompete when he or she is not.
This is very unclear to me, and seemingly experts, if the FTC has this power, but it would be very far reaching if it were to go into effect. Given the hostility of the current Supreme Court to federal agencies, the pessimist in me says that this would be challenged by an employer go all the way to the supreme court and be used by them to dramatically limit the power of FTC
by tchock23 on 1/5/23, 7:38 PM
My Dad was forced to retire early as a network engineer after the small (5 person) RSA consulting shop he was working for actively threatened his livelihood with a non-compete. No one in the industry would touch him because of how aggressively and proactively the owner of the shop was defending the non-compete.
I offered my financial resources and network to help him fight it, but he was nearing the end of his career and just didn't have the energy to fight. He now delivers dry cleaning at $15/hr just to get out of the house.
Non-competes can't die fast enough.
by eclipsetheworld on 1/5/23, 3:51 PM
by gen220 on 1/5/23, 6:19 PM
While we're at it, does anybody have a compelling justification for allowing non-poach agreements, too?
From my perspective, they both seem like a non-durable benefit to $current_employer at the expense of a compounding opportunity cost to the greater economy (insofar as it hinders an efficient execution of the labor-employer matching process).
Curious if anybody has an interesting argument for why this is OK. The only thing that comes to mind is "trade secrets" arguments, but don't we have separate laws for that?
by AdmiralAsshat on 1/5/23, 3:40 PM
1) The process gets stalled from rollout until 2024, at which point a Republican comes into power, appoints new FTC head, and they roll it back.
2) Companies sue, and SCOTUS rules that this exceeds FTC authority.
But I'll freely concede that there is no way such a bill would ever make it through Congress.
by ajsnigrutin on 1/5/23, 3:48 PM
It's a bit complicated here, but ideally companies wanting noncompetes could be forced to pay the difference between what the worker would've earned if they stayed (+ some safety factor for a potential raise elsewhere, eg 20%) and what they earn now with a noncompete.
So if a worker earned 100k, with the safety factor for a raise that means 120k, and can only earn 50k due to a noncompete, the company would have to pay the difference of 70k to that worker if they wanted to keep the noncompete valid (for a limited amount of time). Company keeps their 'secrets', but has to pay for the secrecy.
by Robotbeat on 1/5/23, 4:33 PM
Sometimes you get a win-win-win idea.
by brohoolio on 1/5/23, 3:32 PM
by Ethan_Mick on 1/5/23, 4:19 PM
I've seen over and over this harm friends in frustrating ways. Tech aside, non-competes in other industries are completely insane. My wife is an optometrist and all local shops have draconic noncompetes you are forced to sign. If you leave the shop you can't work within 30 miles (or more!) of that location.
I've had friends move entire cities just so they can get out of a terrible work situation. Worse, I've had friends stay in bad situations because their noncomplete would force them to move or drive way too far for work.
And since everyone does it, they're resigned to "it's just the way it is" and nobody wants to risk being sued.
by xyzelement on 1/5/23, 5:18 PM
In the 2 years I worked in the fund, I learned a tremendous amount thanks to being exposed to the "secret sauce" which would have been really damaging for me to take to a competitor.
After I left the fund, I took the 2 year non-compete (ie: don't work in another fund) to explore other industries, ended up in a FAANG and quite happy.
Point being, as an adult I weighed the risk of the non competes vs the opportunity of the role and made a decision. I am not sure how this kind of role would work in a world of no non-competes but I suspect it would be suboptimal for everyone.
The bottom line is, a non compete is not something that springs on you. It's something you evaluated in context and chose, as a professional. You don't have to take the job.
by treis on 1/5/23, 3:40 PM
by chunk_waffle on 1/5/23, 3:51 PM
by chunk_waffle on 1/5/23, 3:49 PM
by vsskanth on 1/5/23, 4:03 PM
Noncompetes are a huge incentive for companies to prevent employees from being paid their true market value for their skills, especially true for those who are very specialized and only few employers can make use of their skills.
by endisneigh on 1/5/23, 4:22 PM
The rule should be that they can make you not compete, but you must be compensated monthly at your salary level prior to departure.
A non compete without having to pay is having your cake and eating it to so to speak.
by spamizbad on 1/5/23, 5:42 PM
My state sued them over it and won: https://www.reuters.com/article/us-jimmyjohns-settlement/jim...
by thwayunion on 1/5/23, 4:44 PM
You can read the proposed rule and the full notice and factsheet here: https://www.ftc.gov/legal-library/browse/federal-register-no...
Of note, an FTC commissioner (Trump appointee, so a minority voice in the executive atm) released a dissenting statement outlining the strategy that will be used to defeat the proposed rule: https://www.ftc.gov/system/files/ftc_gov/pdf/p201000noncompe... (warning: pdf). In her dissent, she speaks eloquently about how darn important noncompetes are to Business and Competition, and "encourage[s] all interested parties to respond fully to all parts of the NPRM’s solicitation of public comments."
Which, well... I'll also encourage all interested parties to respond fully to all parts of the NPRM’s solicitation of public comments! You can do so at regulations.gov
by mindvirus on 1/5/23, 4:43 PM
by Communitivity on 1/5/23, 8:19 PM
If you are going for a job that pays $100k or more, get a lawyer (ideally a lawyer in your sector) to look over your employment contract, NDA, Non-compete, etc. It is worth every penny, in my opinion.
by cashsterling on 1/5/23, 7:07 PM
If a employer wants you to sign a non-compete it should cost them something (extra salary, extra signing bonus, pay for a period of time after you leave the company, etc.). You shouldn't just give away your right to work for nothing.
I stopped signing non-competes a number of years ago on the basis that I'm hired for my expertise and know-how and, as such, "I bring everything to table" in my domain of expertise (not my company or they wouldn't have needed me)... it is my experience,knowledge and capability and I should be able to do whatever the hell I want with it, with the exception of stuff specifically covered by trade secret protections, classification, etc.
by kmod on 1/5/23, 5:07 PM
Most of us here are in tech where "ideas are cheap" is mostly true and commonly thought, but there are other fields (in particular, finance) where single ideas can easily be worth millions of dollars. (Imagine something like "the stock market goes down on Friday the 13th's".) How are employers supposed to let employees know these ideas? If there aren't noncompetes then I suspect employers will limit employees (and their growth) in other ways.
At least here in NY firms will pay ex-employees during their non-compete. My understanding though is that they only have to pay the base salary, which is usually a minority of the total compensation (even guaranteed compensation). Would be nice if that were fixed.
by grumple on 1/5/23, 3:55 PM
by batmaniam on 1/5/23, 6:20 PM
Otherwise too bad, the business created unfavorable conditions for their employees, so workers should have every right to leave and work for anyone else, including competitors. Either employees are that valuable or they're not, can't have your cake and eat it too, Mr. Big Boss.
by Zigurd on 1/5/23, 3:57 PM
by fleddr on 1/5/23, 9:03 PM
People are not a customer of "Awesome Hair Inc". They are a customer of Laura, whom happens to work for said company. Because Laura knows exactly how to do my hair properly.
So when Laura switches company or becomes an independent, her customers follow her. Awesome Hair Inc just lost half their regular customers. A source of perpetual drama. Now you know why hairstylists are so excellent at bonding with people. It's how you create forever customers.
An interesting variation of this dynamic is found at the very publication of the article: NYT. Some of their journalists have become very savvy on social media, building up an enormous personal following. A following that is loyal to the person, not specifically to NYT. Yet it was NYT that paid for it, as these journalists tweet on the job, as part of their job. At the very least, NYT could hope that this sends a lot of clicks towards their articles, but even that is questionable as increasingly these journalists tweet screenshots of key sections, knowing that nobody on social media actually reads anything.
An awkward marriage, to say the least.
by chaoz_ on 1/5/23, 4:10 PM
If non-competes are banned, then TCs are (probably) going to rise even more.
by boppo1 on 1/5/23, 7:23 PM
But for the future: Any advice on finding a good IP lawyer who knows software/media? Lots of IP lawyers around here happy to charge me $300/hr, not so many I'm confident understand the creation of videogame code & assets.
by pclmulqdq on 1/5/23, 3:54 PM
Compensated non-competes are a totally different story, and probably better to hold on to.
by monksy on 1/5/23, 6:19 PM
If you see someone making a claim that it's to protect company secrets, that is misinformation used to justify NCs. Please inform them otherwise.
Non-competes limit where your staff can go to. Without proper compensation for the time period in which they apply for, they're a very one sided (and in some cases illegal [NCs are legal in IL unless they assert an economic hardship]) way to prevent employees leaving. The claims for them is "training cost is expensive and it's to limit staff from training at one company and leaving" (which as we know.. companies generally don't do training in house)
by krupan on 1/5/23, 6:05 PM
When I want to stay at a company and a good co-worker quits to go work for a competitor, I love non-competes.
When I want to stay at a company and a toxic co-worker quits to go work for a competitor I cheer that a non-compete did not block that move. And yes, I’ve been in this situation and the toxic employee was CEO of the start-up. I’m pretty sure the competing start-up he went to failed because he went there. Smartest move the start-up I was at ever made to let him go there.
I think the best solution is for companies to make damn sure that good employees don’t want to leave to work for a competitor, instead of making them sign a non-compete, especially before you really know if they are toxic or not.
by dang on 1/5/23, 7:38 PM
FTC cracks down on companies that impose harmful noncompete restrictions - https://news.ycombinator.com/item?id=34254183 - Jan 2023 (165 comments)
by sbaiddn on 1/6/23, 2:32 AM
However, if my would be ex-employer wants to block me from joining a competitor then he has to pay me 150% of the salary that the competitor would have paid me for the duration of the non compete while I twiddle my thumbs.
Fair is fair
by asdff on 1/5/23, 8:18 PM
If you had some sensitive information that an employee knows about and you are worried about losing them, why not just pay them more to stay on then, versus making them absolutely unmarketable in the workplace because all their relevant skills and experiences are illegal to be used again? What are you even expected to do in that case then? Get a job at McDonalds until the noncompete expires and you can actually send your resume out gain?
by cmurf on 1/5/23, 7:20 PM
by neycoda on 1/5/23, 7:04 PM
by svillar on 1/5/23, 9:26 PM
Amazon is known for enforcing non competes on employees (especially AWS employees) who leave to join the competition.
Their CTO has been vocal about this on Twitter and a quick Google search will reveal a lot more details.
What about job offers that require employees do waive away some rights and agree to arbitration as the only avenue to resolve a labor/employment dispute?
by dathinab on 1/6/23, 12:11 AM
- illegal if your income isn't majorly above the average (like 50+% above)
- in situation where legal bound in maximal time by a combination of how much your income is above average and how long you worked for the company before you stopped doing so
- in no situation should it be longer then 1 year
- in no situation should it be longer then half the time you worked for a company
by acd on 1/5/23, 6:38 PM
Almost always in the end of the recruitment process are you showed the emploment contract fine print.
Been through a non complete clause myself I highly recommend against it. Your skill and work experiance is the most valluable asset to a future employer. Non compete clauses prevent you from seeking jobs in a similar field.
by CodeWriter23 on 1/5/23, 6:38 PM
by legitster on 1/5/23, 4:57 PM
by adventured on 1/5/23, 5:58 PM
by All4All on 1/5/23, 5:01 PM
by solomatov on 1/5/23, 8:17 PM
by saraton1n on 1/5/23, 6:44 PM
by rajeshp1986 on 1/5/23, 7:05 PM
by flerchin on 1/5/23, 5:05 PM
by nscalf on 1/5/23, 6:51 PM
by mnming on 1/6/23, 1:27 AM
by Communitivity on 1/5/23, 8:21 PM
by winrid on 1/5/23, 10:28 PM
by charcircuit on 1/5/23, 5:43 PM
by drewda on 1/5/23, 5:18 PM
(Note that often this is a good pattern, but not always!)
by lp0_on_fire on 1/5/23, 3:50 PM
Companies that truly need the protections will shell out for it. The ones that include it in their employment contracts because that's just what they do, won't.
by bickfordb on 1/5/23, 4:07 PM
by Nomentatus on 1/5/23, 7:13 PM
However I think Marx would be confounded by the Justice Department fully pushing this initiative, if indeed it does; since he believed the elites had an iron grip on democracies that was not going to be shaken. He would have predicted a far higher GINI than the (kinda high) one we have. More like Russia's, at least.
I may be selling him short though, he might view the Justice Dept action as mostly theatre; allowing other forms of exploitation to proceed apace and only addressing abusive clauses that weren't being enforced anyway; and the expansion of skilled and better-paid work in our day as only an apparent exception to his views.
by jjtheblunt on 1/6/23, 4:27 AM
by worik on 1/5/23, 8:01 PM
Rules are useful. But they are useful for "other people". We all act with integrity because we are decent people, not because we will be punished if we do not
by kepler1 on 1/5/23, 3:54 PM
by mustafabisic1 on 1/5/23, 9:53 PM
How the turntables ...
by projectazorian on 1/5/23, 4:31 PM
by schnable on 1/5/23, 6:24 PM
by EchoReflection on 1/5/23, 7:06 PM
by simplotek on 1/5/23, 3:39 PM
by asah on 1/5/23, 5:33 PM
This is won't affect early stage startups much: startups have limited negotiating power and non-competes are a <blink> tag: it's such a bad look, entrepreneurs are quickly pulled aside by advisors, lawyers, etc.
This might affect California, which used them (their ban) to compete with other states. It's a soft thing along with sunshine, funding (easier, faster, better terms) and the talent pool (larger, better connected).
I've been affected by non-competes all my career and it was part of my decision to move from New York to California - the software industry was simply too volatile to attach yourself to one employer. As I graduated, I had companies recruiting me, it was impossible to pick. Decades years later, I have enough power (and savvy) to cross-out NCAs from contracts along with overly prescriptive SOWs, toothless financial promises, etc. But kids, if you're reading this, the negotiation never ends if you want to get paid and earn a living.
by egypturnash on 1/5/23, 4:02 PM
by tylergetsay on 1/5/23, 3:59 PM
by bpodgursky on 1/5/23, 3:40 PM
by Eumenes on 1/5/23, 4:13 PM
by blueprint on 1/5/23, 3:38 PM
by cbb330 on 1/5/23, 4:37 PM
What should happen is for: 1) employees to choose to not join companies with contracts that they don't agree with 2) employers offer better incentive to not leave for roles at risk to poaching e.g. RSUs.
A natural market response to bad company policy is always preferred to government mandates.