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The New Coffee Room

  1. TNCR
  2. General Discussion
  3. Non-Compete

Non-Compete

Scheduled Pinned Locked Moved General Discussion
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  • MikM Mik

    Trade secrets can be protected, but non-competes are very hard to craft such that they will stand up. They have to be very narrow.

    taiwan_girlT Offline
    taiwan_girlT Offline
    taiwan_girl
    wrote on last edited by
    #13

    @Mik Maybe trade secrets is not the right term, but I think that a person can gain a lot of company knowledge that would be very valuable to another company, even if it is not direct "quantitative" information, but more "qualitative" information.

    George KG 1 Reply Last reply
    • MikM Offline
      MikM Offline
      Mik
      wrote on last edited by
      #14

      Yes, that will happen in the course of employment. But it should not keep you from seeking employment in your field. A non-compete is what finally led me to go out on my own in consulting. They demanded I sign one and I declined.

      “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

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      • taiwan_girlT taiwan_girl

        @Mik Maybe trade secrets is not the right term, but I think that a person can gain a lot of company knowledge that would be very valuable to another company, even if it is not direct "quantitative" information, but more "qualitative" information.

        George KG Offline
        George KG Offline
        George K
        wrote on last edited by
        #15

        @taiwan_girl said in Non-Compete:

        Maybe trade secrets is not the right term, but I think that a person can gain a lot of company knowledge that would be very valuable to another company

        The situation in the medical field is quite different. The only "asset" you could probably take with you is your patient base. If you're someone without an office (radiology, pathology, anesthesiology) I don't understand why a non-compete would be justifiable, and yet, they exist.

        "Now look here, you Baltic gas passer... " - Mik, 6/14/08

        The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

        taiwan_girlT 1 Reply Last reply
        • George KG George K

          @taiwan_girl said in Non-Compete:

          Maybe trade secrets is not the right term, but I think that a person can gain a lot of company knowledge that would be very valuable to another company

          The situation in the medical field is quite different. The only "asset" you could probably take with you is your patient base. If you're someone without an office (radiology, pathology, anesthesiology) I don't understand why a non-compete would be justifiable, and yet, they exist.

          taiwan_girlT Offline
          taiwan_girlT Offline
          taiwan_girl
          wrote on last edited by
          #16

          @George-K In your case, who would you be signing one with?

          George KG 1 Reply Last reply
          • taiwan_girlT taiwan_girl

            @George-K In your case, who would you be signing one with?

            George KG Offline
            George KG Offline
            George K
            wrote on last edited by
            #17

            @taiwan_girl said in Non-Compete:

            @George-K In your case, who would you be signing one with?

            If your employer (group) had a non-compete, you'd have to find a job which is anywhere from 10-20 miles farther than your original place. Probably at least a 45 minute drive more.

            "Now look here, you Baltic gas passer... " - Mik, 6/14/08

            The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

            1 Reply Last reply
            • George KG Offline
              George KG Offline
              George K
              wrote on last edited by
              #18

              https://www.npr.org/2024/04/23/1246655366/ftc-bans-noncompete-agreements-lina-khan

              "Now look here, you Baltic gas passer... " - Mik, 6/14/08

              The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

              1 Reply Last reply
              • taiwan_girlT Offline
                taiwan_girlT Offline
                taiwan_girl
                wrote on last edited by
                #19

                https://www.reuters.com/legal/us-judge-blocks-biden-administration-ban-worker-noncompete-agreements-2024-07-03/

                A federal judge in Texas on Wednesday partially blocked a U.S. Federal Trade Commission rule from taking effect that would ban agreements commonly signed by workers not to join their employers' rivals or launch competing businesses.
                U.S. District Judge Ada Brown in Dallas said in a written decision the FTC, which enforces federal antitrust laws, lacked the power to adopt broad rules prohibiting practices that it deems unfair methods of competition.

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                • taiwan_girlT Offline
                  taiwan_girlT Offline
                  taiwan_girl
                  wrote on last edited by
                  #20

                  https://www.reuters.com/markets/us/second-us-judge-blocks-ftc-ban-worker-noncompete-agreements-2024-08-15/

                  A federal judge in Florida has temporarily blocked a U.S. Federal Trade Commission rule that would ban agreements commonly signed by workers not to join their employers' rivals or launch competing businesses, becoming the second judge to rule that the ban is likely invalid.

                  1 Reply Last reply
                  • LuFins DadL Offline
                    LuFins DadL Offline
                    LuFins Dad
                    wrote on last edited by LuFins Dad
                    #21

                    Get your popcorn… my guess is that it ultimately gets overturned and the ban goes into effect.

                    The Brad

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                    • taiwan_girlT taiwan_girl referenced this topic on
                    • jon-nycJ Offline
                      jon-nycJ Offline
                      jon-nyc
                      wrote on last edited by jon-nyc
                      #22

                      Had drinks with my old Credit Suisse buddies last night. It got me thinking about this topic, because I like the way the banking industry handles it. The typical non-competes stops you from working for a competitor for 6 months.

                      It seems to strike a good balance - it inhibits you from bringing leads from one employer to another, gives the ex-employer time to have new employees build relationships with your old clients, while not banning you from working in your own industry.

                      The phrase they use is ‘gardening leave’. You get an offer from a new bank and quit your job, and have six months to tend to your garden.

                      You were warned.

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