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Old 05-11-2008, 11:47 PM
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Default A Legal Contract That Keeps You From Geting Hired By a Competitor

Should be illegal. I was talking with my dad today, and he is looking for a new job, and I asked him why he doesn't simply go work for one of his companies competitors. His response was that he was made to sign a legal contract that forbid him from working for a competitor in his field unless he gets fired, and then he has to wait 90 days. That's extremely anti competitive. What if you were offered more money? What if you didn't like your current job? What if the company you worked for seemed like it was going under? Is he supposed to be unemployed for 90 days simply because he signed a piece of paper? To me this sounds ridiculous.
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Old 05-11-2008, 11:51 PM
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I generally agree.

It might depend on the specific industry your dad's in. Like, if he worked for the CIA or something, it might not be so weird.
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Old 05-11-2008, 11:56 PM
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I generally agree.

It might depend on the specific industry your dad's in. Like, if he worked for the CIA or something, it might not be so weird.
tool and die.
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Old 05-12-2008, 12:02 AM
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As an employer, if I employed your Dad and he is in a position to learn information that may be detrimental to my companies, after spending time effort and monies on him, I think a contract is a very civilised means of ensuring a period of silence.

I dont use "contracts" in that sense, my methods are far more draconian and they last longer.
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Old 05-12-2008, 12:22 AM
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Quote:
Originally Posted by B L Zeebub View Post
As an employer, if I employed your Dad and he is in a position to learn information that may be detrimental to my companies, after spending time effort and monies on him, I think a contract is a very civilised means of ensuring a period of silence.

I dont use "contracts" in that sense, my methods are far more draconian and they last longer.
I believe a patent should suffice. Restricting a person from working should be criminal.
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Old 05-12-2008, 12:56 AM
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We have a similar contract in the industry I work in.

The idea behind them usually is not bad.... you spend time and money training an employee, and you expect them to work for you in return. That being said, if your dad were to take that contract to court, he could probably win against his employer. These types of contracts are legal, but courts have held in the past that similar contracts can not be enforcable for more than a reasonable period of time... 2 to 5 years usually.

The 90 day after fireing seems particularly evil, but it's a good way to make sure your dad does a good job I guess... One of my old employers had another similar practice. You were required to give a month notice before quitting. when a therapist that worked on commission quit, the director would cancel or transfer all of their appointments so that they were without work and commission for a month.
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Old 05-12-2008, 01:05 AM
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I wonder if McDonalds could ban me from going to work for KFC?

Not that I'd want to work there, it's a (*)(*)(*)(*)hole, that place.
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Old 05-12-2008, 01:08 AM
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Quote:
Originally Posted by Raharu Haruha View Post
I believe a patent should suffice. Restricting a person from working should be criminal.
Patents require originality, as do intellectual property rights, do either apply to your Dad.

You should be more interested in the blackballing of workers because of thier political beliefs ie Mccarthy?

This practise is still very much in evidence.

Also if your Dad read the contract he signed, he had two choices did he not?

But as you seem to take an interest as I do in workers rights, take it to employment trib as an unfare contract!

Send me his contract and I will see if that is a viable option
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Last edited by B L Zeebub; 05-12-2008 at 01:12 AM. Reason: dyslexia
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Old 05-12-2008, 01:19 AM
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May I just add one more thing, I only involve myself these days in final interviews, ie the choice between two candidates.

If they are under 21yrs I ask to meet their parents.

Maybe if they are older I should ask to meet there children.

I think your Dad should take pride in your interest in him!
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Old 05-12-2008, 05:20 AM
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I don't really see why it should be illegal. The contract was voluntarily agreed to as a condition of employment.
If he gets fired, it's voided after a few months. Maybe it would make more sense if it were voided immediately on lay-off or firing.

It seems like a company has to have some kind of protection for trade secrets.
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