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
this post was submitted on 23 Apr 2024
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Non-competes aren't non-disclosures. Your cover story is safe.
The poster said "now do NDAs", which is what the parent is referring to
Yeah, I read a couple of comments before getting to this and completely forgot there was a title.
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
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.
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
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.
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)
I suspect it's an exception for matters of national security, ie the MIC.
Wouldn't that typically be an NDA, not a non-compete?
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.
That's a fair point
They've been unenforceable in California and New York for several years now, but I think in other states they were still valid.
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)
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.
I can go steal all my former clients from my prior employer now lol
Actual free market
not like this!
I actually can't do this, I forgot I have a non-solication agreement with my former employer for 2 years (meaning I can't poach clients) versus on non-compete (meaning I can't go to a competitor)
It's funny, I can't help but think Adam Smith would come around to socialism if he saw what capitalism has become in the 21st century.
Behind every socialist is a disappointed free-market enthusiast.
I reckon that's possible
Wherever there is great property there is great inequality. For one very rich man there must be at least five hundred poor, and the affluence of the few supposes the indigence of the many. The affluence of the rich excites the indignation of the poor, who are often both driven by want, and prompted by envy, to invade his possessions…Civil government, so far as it is instituted for the security of property, is in reality instituted for the defence of the rich against the poor, or of those who have some property against those who have none at all.
not if the supreme court has anything to say about it
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.
Now that we only have a handfull of monopolies running the country....
What is a noncompete?
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.
So its the free market
Edit: people really cant grasp irony here
Freedom is when you have to sign your rights away to make a wage
free your hog and post it 
Sounds like the opposite of a free market to me but what do I know
You think NDAs are a selling point for the free market?
this is why "free market" is an incoherent concept
If I put a gun to your head and made you sign yourself into slavery, that’s the free market
Have you ever shit yourself from embarrassment?
Embarassed by how people cant understand irony, yes
Ooooh woaw sorry for not understanding your unindicated social cue
Neurodivergent people exist fuck you
You don't seem to grasp how many idiots we get that absolutely hold this line of thought unironically
This is hexbear, i thought it would be obvious. But yeah, thats my fault
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.
The free market manifesting itself
what are you on.
Irony
Good, good👍
Self-manifesting so hard it requires the employer to force it to happen
The free market is when you're not free to work for whomever you wish
They probably did this for companies so they can take labor from others easier. Side benefit to the workers
This just allows the fed/sec full reign to move to Goldman/etc lol
This will be horrible for fraud in America
So that smarmy youtube guy with puppets is illegal now?
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.
So what is the evil thing that is allowed now that this has passed?