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by toomuchtodo 1329 days ago
I agree. If you want to pay someone to sit on the bench because that has value to you ("Garden Leave"), I support that. If you want to twist their arm because you have power as an employer, nope. That's what labor law and regulation are for.

Lots of examples of malicious employers doing the latter, as you'll note the sentiment throughout the thread comments and laws intending to patch this bug in statute.
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michaelmrose 1328 days ago
Why let them have that at all. The honest true is instead of worrying what strategy most balances the interests of 99.9% of people and a few whiny rich people we could spend that time creating actual value. Whereas if you want to continue on with the Rube Goldberg device we ought to force them to pay not employers present rate but market rate and cost of foregone opportunity.

You might say that's incredibly unaffordable but that is the point. Otherwise the employer is robbing society of the value created in addition to stealing the difference between present rate and market rate + foregone opportunities.

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lazide 1328 days ago
Because employees can be shitty people too. See my comment upthread about an up close and personal view I had to one such shitty employee.

What you seem to be advocating is to never allow a company<-> employee to have a non compete clause, even if the company is happy to pay for it.

Which yikes. Do you think what Levandowski did with Waymo/Uber helped anyone? Including ‘society’ overall?

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michaelmrose 1327 days ago
I don't care what they are happy to pay for. There are plenty of other tools available to protect the interests of companies. For example Levandowski stole trade secrets and is being sued for 9 figures and indicted. You couldn't have picked a worse example of the need for post employment non-competes if you tried.

Likewise your other example is an employee taking an employees money and their customers at the same time. It would have been sufficient to bar him from competing and working against the employers interests WHILE he was there.

If he had quit and called prior customers and said I know you do business with blank but I can do better would that really have been wrong?

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