Trump judge?
Have the courts ever addressed the conflict between “employment at will” and this?
On side, we get rid of you when and how we please…
But you can’t go get another job because “slave master has property interest in you”
It seems like “master” mentality is still very strong within elites.
Judges aren’t interested in being consistent, it’s just about oppressing you and upholding capital.
Yes it does appear to be that way. Even when Congress does a good thing, it gets stalled or shut down.
Can’t rely on elected officials to deliver proper laws, executive appears to be useless and judges will stop any progress.
How many generations of this now 2 or 3?
How many generations of this now 2 or 3?
It’s been continuous since colonial times. It’s an unbroken thread from “indentured servitude” and “slavery,” to “sharecropping” and “vagrancy”/“convict leasing,” to “non-compete agreements” and prison labor being managed by prisons directly (instead of having inmates leased out).
sets a dangerous precedent where the government knows better than the markets
Wtf. You could say this about literally any law. Outlawing murder-for-hire sets a dangerous precedent where the government knows better than the markets. Making people pay income tax sets a dangerous precedent where the government knows better than the markets. Speed limits set a dangerous precedent where the government knows better than the markets. What a terrible argument.
No kidding. Even regular staunch capitalists recognize that regulation is sometimes necessary. Regulation against anti-competitive practices exists because a market left to its own devices will devolve into monopolies that will be much less efficient than a competitive market. Non-competes are just employers establishing monopolies over their workforce.
a market left to its own devices will devolve into monopolies
I would posit it devolves into either slavery or serfdom based on historical records. We all started “in free market” lol
Even regular staunch capitalists recognize that regulation is sometimes necessary.
Most people can’t the differentiate between capitalism and free market on conceptual level
Ha ha, I came to see who you were replying to but I can’t because I already blocked them. ¯\_(ツ)_/¯
(Odds are good I didn’t find their style or content particularly edificatious)
Lmao the irony “I didn’t find their style or content particularly edificatious.” My partener in christ you are the unedificatious one!
Is there any legal argument besides this?
This sounds like a personal opinion lol
Yes.
Under employment laws you can quit basically at any time with given notice and you can apply to any job no matter who you are or what you did before. The non compete clauses are always part of the employment contract. Usually, what’s in the contract is binding, but: there’s things that might be voided upon examination. Here things like consideration and unconscionability come into play. I assume this clause would be ruled unconscionable against employment laws, therefore the clause is basically removed from contracts after the fact and precedent allows for it to be voided upon future use.
employment laws > contract law. That’s all it boils down to I assume, just what weighs more.
A lot of European countries allow only very limited non compete clauses or none at all. Moving in that direction is not really without precedent, so there’s your legal argument.
Also obligatory IANAL, if you think I’m wrong and you got sources, please correct me. I wanna learn what I don’t know.
I think we are talking about two different things. I was mainly asking for legal reason for the judge’s injunction, looks like it is not a ruling but a stall tho.
She will rule later. That’s what I was getting, what is the reason to disagree for the judge here.
I think you described how employment law works correctly though. non compete clause is hard to enforce in many places and for most jobs maybe save of some super red states.
But I also don’t think that is their primary goal either, I would posit the goal is to “send a message” or “chill employees will to shop for work”
Biden should overrule that as an official act.
Aren’t non-competes basically unenforceable anyway? At least for individual contributors. You can’t contractually ban an individual from making money from their literal profession.
Senior execs and company founders with privileged information are a different story.
Not American, but in my country non-compete clauses are routinely put into employment contracts even though they have been demonstrated to be illegal in most cases.
It’s simply used to intimidate the ignorant.
Intimidating the ignorant is bad though.
When I was at the worker’s council in a company a couple decades ago, we insisted that the company update the contracts to remove illegal clauses. The companies’ position was that since they were illegal and therefore unenforceable that they did not matter. We argued that employees are less likely to know which particular laws impact which clause of their contracts than, say, full-time HR staff. And that not knowing they might assume that they are legal.
I’m happy to have moved to a country with worker councils in the law to protect workers in this way.
What is the point of “democracy” in the USA if unelected judges who were appointed by presidents who lost the popular vote but won the presidency due to the slaveowner-designed electoral college can just nullify anything that is even slightly good? It’s almost as though amerikkka has always been a fascist dictatorship toward anyone who is not a rich white male and that this country desperately needs a communist revolution right now.
Keep your racism out of this. White people are also negatively affected by this.
This country was founded by white men, and built by enslaved black people. The white supremacy was baked right in from the beginning. Black Americans didn’t gain full civil rights until the 1960s (when my parents were in college.) The legacy of that white supremacy remains to this day, both from existing power structures and ways of thinking, and due generational wealth differences.
It is not racist to point that out.
There is no denying the legacy of non-white racism and genocide against native Americans and its horrible impact continues today. Racism is a real problem that hasn’t gone away and should not be ignored.
Maybe I’m being an idealist, but when I see use of language from OP making it seem like theres some coordinated white people scheme to only benefit white people, it seems like a straw man argument made to demonize one specific race. I feel like we’re all getting pretty damn well shafted these days and we can work together to improve the lives of people in marginalized and underserved communities.
Imagine being so racist that you think discrimination of a particular race is not possible.
Go back to… Not being educated?
I don’t watch Joe Rogan and I’m not conservative.
