| Assuming that these companies agreed not to hire each other's employees, we have a make-shift non-compete agreement, in effect (though not as efficient or encompassing). Contracts never trump state law. If they say it's illegal a handshake between a few companies doesn't make it not illegal. In the absence of fraud, this is a victimless crime. To pay damages implies that the offender took something away from the victim, that they need to be "made whole" again. You're company doesn't value your work and you'd like to leave to work somewhere else, preferably in the same area with the same or greater pay, only you can't because your employer has conspired against you. See who the victim is now? These employees freely agreed to their compensation packages and received those. Well, they agreed to everything except that non-compete that is completely illegal and not in their contract. If these companies are really screwing over their employees it seems like a great opportunity for other companies to tell them no thanks to their no-hire agreement and start poaching. Apple and Google have a market cap bigger than most developing countries. They can keep raising the salary offer and shut you out. You can convince some of their employees to leave as long as it's not about the money, but for most people it's about the money. |