Skip to main content

View Diary: Company wants to be able to fire people and prevent them from getting new jobs (151 comments)

Comment Preferences

  •  Unenforceable for their (8+ / 0-)

    California papers, which means it's largely being used as an intimidation tactic. Despicable.

    Unapologetic Obama supporter.

    by Red Sox on Mon Jan 09, 2012 at 01:36:42 PM PST

    •  Not necessarily (0+ / 0-)

      Depends, among other things, on which state's law applies--which would not necessarily be California just because an employee signed it in California.

      "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

      by Old Left Good Left on Mon Jan 09, 2012 at 02:22:42 PM PST

      [ Parent ]

    •  And this made Silicon Valley possible (6+ / 0-)

      making non-competes generally unenforceable means skilled technical employees can readily move to more promising positions, taking the general skills they gained at their prior job unencumbered.

      While bad for the company that loses skilled workers, it turns out to be good for the overall innovation ecosystem.

      This part of the California labor code explains why Silicon Valley has remained a high tech powerhouse since the 1970s.

    •  I'm not looking at the part of the (4+ / 0-)

      business and professions code governing this right now but I agree with you.  California courts are famously hostile to non-competes except in the most obvious of situations - you can only use a non-compete to stop a truly crucial employee from moving immediately to a direct competitor, and the B&P code, iirc, is highly specific about the circumstances permissible.  They are also notoriously unamused by contracts that purport to apply the law of an unrelated state.  For all of its problems right now, California is still a very employee-friendly state.

      "What Washington needs is adult supervision" - Barack Obama

      by auron renouille on Mon Jan 09, 2012 at 08:47:43 PM PST

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site