A New Ruling Bans Non-Compete Clauses In Job Offers!

Поділитися
Вставка
  • Опубліковано 24 кві 2024
  • A New Ruling Bans Non-Compete Clauses In Job Offers! It looks like stifling non-compete agreements may be a thing of the past in job offers. This should be welcome news to job seekers who have been limited by unfair agreements that keep them from finding work they are well qualified for.
    Source: www.yahoo.com/news/biden-admi...
    _____________________________________________________________
    Learn how to reclaim power and act like the CEO of your career, with in-depth interviewing, resume and LinkedIn advice: Join my FREE newsletter here: alifeafterlayoff.ck.page/90f4...
    My website: www.alifeafterlayoff.com/
    Need personalized help with your job search? www.alifeafterlayoff.com/care...
    COURSES:
    INTERVIEW TRAINING:
    Have a BIG INTERVIEW coming up and want to be fully prepared? Check out the 48-hour Interview Crash Course! a-life-after-layoff.teachable...
    FULL JOB SEARCH TRAINING:
    Learn to navigate and master the entire job search process from application to offer with The Ultimate Job Seeker Bootcamp:
    a-life-after-layoff.teachable...
    RESUME TRAINING:
    Learn how to write a professional quality resume! Check out 🚀 Resume Rocketfuel 🚀
    a-life-after-layoff.teachable...
    LINKEDIN TRAINING:
    Learn how to skip the recruiter by Unlocking LinkedIn: a-life-after-layoff.teachable...
    _______________________________________________
    RESOURCES:
    AI Headshots: instaheadshots.com/?via=bryan
    Career Skills: skl.sh/MKR484
    Teal AI Resume Customization: shareasale.com/r.cfm?b=219042...
    AI Job Search Assistant: usemassive.com/?via=bryan
    _______________________________________________
    I've got merch!! Get your witty work mugs here!
    a-life-after-layoff.creator-s...
    ________________________________________________
    Are you struggling with your job search? Applying for job after job and not getting any interviews? Perhaps you’ve got a few interviews but always seem to get passed over for the job? Or maybe you’re not satisfied with your current career and want a change. Well, you’ve come to the right place.
    As a corporate recruiter with over 20 years of experience hiring thousands of employees at all levels into major corporations, I’m going to spill the beans on how to get noticed by recruiters, start getting more interviews, navigate through each step of the hiring process, and ultimately land the dream job you deserve.
    But that’s not all - I firmly believe that to truly experience career success, you need to think bigger. Multiple streams of income and budgeting are crucial to forming a layoff-free lifestyle and helping you achieve your goals.
    If these are things you’re struggling with, that’s what I specialize in. I’ve got a website called A Life After Layoff. It’s loaded with tips and tricks for getting noticed, interviewed, and hired by your dream company. Make sure you check it out!
    I’ve got weekly videos coming at you, so make sure to subscribe. You won’t want to miss a post. Join me as we explore these things, all from an insider’s perspective!
    ____________________________________________________________________
    💥 Sign up for my FREE 5-Day Bootcamp for Job Seekers: alifeafterlayoff.ck.page/7735...
    ______________________________________________________________________
    👉 Join my network!
    ➤ Facebook Community: / alifeafterlayoff
    ➤ Linkedin Community: / a-life-after-layoff
    ➤ Tik Tok Community: / alifeafterlayoff
    👉 Connect with Me on LinkedIn: / bryan-creely-a6b26713b
    Follow our other channel! / @myracreely
    Music by Bensound.com
    License code: IZANCLL2IF9GO09X
  • Навчання та стиль

КОМЕНТАРІ • 326

  • @ALifeAfterLayoff
    @ALifeAfterLayoff  Місяць тому +6

    Learn how to reclaim power and act like the CEO of your career, with in-depth interviewing, resume and LinkedIn advice: Join my FREE newsletter here: www.alifeafterlayoff.com/

    • @akirathedog777
      @akirathedog777 Місяць тому

      Bro ur a recruiter.
      This is like a slaveowner coaching his slaves on how to get tortured less.

    • @samuelakpan4077
      @samuelakpan4077 Місяць тому

      Good day, I don't know if you have any insight or what it could mean? I got my final interviewed 2weeks ago, and I didn't get any feedback, hence I chose to reach out to the recruiter and I was told the hiring team were yet to make a decision but they were very interested in my candidacy. The recruiter shared with me a prospective employees benefits package for my review. What could this mean pls. Any insight?

    • @item6931
      @item6931 Місяць тому

      Hi Bryan. Have checked out your site. I'm just looking to get my resume up to date (I haven't touched it for over 10 years lol) and keep it fairly generic as not actually looking for work at present. Yeah I would probably take the Rocket Fuel course if I was an active job seeker, but would rather someone just take my bunch of dot points and bring it up to today's resume expectations - never know when it might come in handy. It appears to be a service you offer - on the other hand there is an advice blog, "stop hiring professional resume writers" lol, so idk

  • @tarekyared4404
    @tarekyared4404 Місяць тому +197

    Non-compete clauses were used as trapdoors to legally harass and intimidate employees. And in the vast majority of cases, they were totally inappropriate. And if your work was so sensitive and critical to the company, you probably were not compensated at a commensurate level if your job was so important to justify a non-compete clause.

    • @DovidM
      @DovidM Місяць тому +8

      At one company I worked at they had even very junior positions sign the non-compete agreement even though there was probably little of value that they could tell a competitor about how things were run.

    • @jefflassle6994
      @jefflassle6994 24 дні тому

      Perfect explanation. In Oregon when I resigned after 18 years after catching the CEO committing a felony, they were allowed to steal all earned unpaid income and investment in the company that totaled over $5 million dollars. They then started the defamation that blacklisted me and others nationwide forever in our field.

  • @LittleMissRockChalk
    @LittleMissRockChalk Місяць тому +82

    The bare minimum is that non-compete clauses should be illegal when someone is fired or laid off. It’s the professional equivalent of “I’m breaking up with you, but I don’t want you to date anyone else.”

    • @patricei2310
      @patricei2310 Місяць тому +5

      Exactly 💯

    • @muadhnate
      @muadhnate Місяць тому +3

      😂😂😂 Exactly

    • @vukkulvar9769
      @vukkulvar9769 Місяць тому

      Non compete should always be legal... as long as the company keep paying the same wage for the same duration as the non-compete.

  • @21kjoshua
    @21kjoshua Місяць тому +64

    Never obeyed a non-compete clause. You want to hold me hostage, you'll be paying me while I wait.

    • @travis1240
      @travis1240 Місяць тому +14

      Exactly - if there is a 2 year non-compete clause, that employer had better pay for those 2 years.

    • @JM-ey6fe
      @JM-ey6fe Місяць тому

      “Hostage” is the operative word. Exactly! 👍🏻

    • @tjlambaes
      @tjlambaes Місяць тому +3

      Unfortunately that is not the case. I left a 40k a year job to a 150k a year job. Unfortunately my former employer that I gave 20 years of my life to who at a time were like family sued me and I lost the best job I have ever had.

    • @TheEric1203
      @TheEric1203 Місяць тому

      @@tjlambaes how do you suppose they found out?

    • @tjlambaes
      @tjlambaes Місяць тому

      @@TheEric1203 they knew I was going there because the used another former employees credentials to log into his personal Apple messages on a computer they let him use. My last day I had an honest conversation with the owners son who I had known since he was 8 years old. I told him how hard I was struggling financially and that I needed this. That day he told me he wouldn’t come after me legally but I suppose his father felt differently. That next day they sent a letter to my new employer asking them to fire me.

  • @MsGenXodus
    @MsGenXodus Місяць тому +84

    I worked for a call center that wanted to implement non compete agreements. I was told it was a condition of employment. Turns out a very big company was building a call center in my town and was offering a much more generous pay package.
    I asked if they wanted two weeks notice or would I be immediately terminated if I refused to sign. It was immediate, so I packed up my desk and left. I got a job at the new call center and a 50% pay increase. So it worked out in the end.

    • @mechamicro
      @mechamicro Місяць тому +3

      Nice

    • @breeanders15
      @breeanders15 Місяць тому +4

      That is what I am talking about!!👏🏾👏🏾

    • @DovidM
      @DovidM Місяць тому +5

      Normally, you don’t quit until you have a job offer in hand but you did what was required in the situation.

    • @ludgerkres.1437
      @ludgerkres.1437 Місяць тому +1

      Hopefully it was a competitor, ha-ha-ha-ha.

  • @LivingOrganismFromMarsAndVenus
    @LivingOrganismFromMarsAndVenus Місяць тому +149

    They should also ban positing ghost jobs, ban entry levels asking for years of experience, ban junior roles jobs with senior job description, they also should audit every job posting and the company should be required to send a report of who and how quickly and with that salary was hired for every job posting that the company published. There should be monitoring organs created in every country to control jobs posting -hiring.

    • @Cateutopia
      @Cateutopia Місяць тому +7

      Yes indeed. 🙌

    • @mechamicro
      @mechamicro Місяць тому

      Yes. And yes, all of this bullshit needs to have a carrot and a stick.

    • @breeanders15
      @breeanders15 Місяць тому +6

      I cosign this statement! #yes

    • @Labyrinth6000
      @Labyrinth6000 Місяць тому +2

      YES!!🙌🏻

    • @johnchris2122
      @johnchris2122 Місяць тому +4

      Sadly it's just another yt comment

  • @badbrain7163
    @badbrain7163 Місяць тому +103

    Great news! Non competes are grossly unfair.

  • @fizzy1550
    @fizzy1550 Місяць тому +35

    It's fun how they don't mention the fact that people who need to leave jobs, don't just do it because of money gains...
    Some of us do it because the companies were crappy, shady, and terrible, and we want to try and go to another company that hopefully won't suck as much, follow our morals, values, and ethics, and be treated like a human being.

    • @ExaltedDuck
      @ExaltedDuck Місяць тому +6

      yeah, many of us do and are sharply disappointed to find out it's no better at the new place and sometimes way worse.

    • @yearginclarke
      @yearginclarke Місяць тому

      @@ExaltedDuck Yep that's frequently the case.

  • @kaiseriv8483
    @kaiseriv8483 Місяць тому +19

    Now we need to ban asking for your previous salaries.

  • @Gnomezonbacon
    @Gnomezonbacon Місяць тому +86

    non-compete clauses are by their very nature, anti-capitalistic. Competition matters and is good. Only a weakling fears competition of others. It is anti-free market. If you're locked in and can't start your own company, you're not free to act in the market.

    • @paulbradley3626
      @paulbradley3626 Місяць тому +10

      That's fair, but everything spoken about how great capitalism is is nothing but post hoc justifications that don't bear out in practice. The same people who say they love Adam Smith act in ways that were derided by Smith in the Wealth of Nations.

    • @alelzarterl212
      @alelzarterl212 Місяць тому +1

      Let's have child labor and 100 hour work weeks.
      More free market = better
      Right?
      I agree that hindering competition by having non-compete agreements is bad but to say that anything that frees the market is good is just psychotic.

    • @nathanedison8692
      @nathanedison8692 Місяць тому +3

      It’s true that non-competes are, by definition, anti-free-market, but that’s not the same as being anti-capitalist. Capitalism is essentially an economic system that prioritizes capital, and the interests of capital can be extremely anti-competitive. Monopolization is the total elimination of competition, and one of its effects is suppression of market freedom. Nonetheless, it is the natural end goal of a capitalist enterprise, which is why antitrust laws became necessary as a guardrail to keep capitalism from going off the rails.

    • @charliedallachie3539
      @charliedallachie3539 Місяць тому

      @@nathanedison8692and yet there’s still monopolies especially in Big Tech

    • @stevenluo9516
      @stevenluo9516 Місяць тому

      ​@@nathanedison8692 That and laws and taxes and fines to control negative externalities, defined as economic transactions that benefit the parties, supply-side and demand-side, but negatively impact third parties, for example, society at-large.

  • @saladboy1465
    @saladboy1465 Місяць тому +8

    I had to sign a non-compete form when I got a part time job at Subway making sandwiches when I was 16

  • @thebtm
    @thebtm Місяць тому +102

    It's called an NDA... Non-compete is a sham when an NDA could protect a companies proprietary information.

    • @charliedallachie3539
      @charliedallachie3539 Місяць тому +2

      @@CombatMedic1Oright, they rarely would waste the time to chase employees and enforce them unless they had a good reason to. Like a higher up with lots of secrets…then again a NDA would cover that.

    • @timothygibney159
      @timothygibney159 Місяць тому +4

      NDAs are less evil. I am in favor of them as companies pay a lot of money for their intellectual property

    • @ThereIsNoOtherHandleLikeMine
      @ThereIsNoOtherHandleLikeMine Місяць тому +4

      NDA =/= non-compete

    • @PhrontDoor
      @PhrontDoor Місяць тому +1

      Proprietary info and trade-secrets are already included under civil and criminal law.

    • @item6931
      @item6931 Місяць тому

      @@timothygibney159 For large tech companies, NDAs border on irrelevant because they churn out patents and teams of lawyers to enforce them. For smaller companies that rely on secrecy, NDAs are theoretically more useful, but difficult and expensive to enforce in practice. It's difficult to find a happy middle-ground when it comes to NDAs.

  • @freespaceace1
    @freespaceace1 Місяць тому +5

    The sad truth is companies would rather spend billions on lawyers fighting employees and using intimidation / fear tactics via these Non-Competes than incentivize their employees to stay.

  • @petertaylor1548
    @petertaylor1548 Місяць тому +7

    Many years ago, one job had a non compete clause for us. We were janitors.

  • @pagecurie5512
    @pagecurie5512 Місяць тому +6

    Oh they should ban 1) asking my previous salary 2) job referrals 3) test assessment for free 3) multiple interviews for free😊

  • @n.m.3760
    @n.m.3760 Місяць тому +9

    It is my god-given right as a tax paying citizen to decide where I want to work. I have the freedom and authority to choose and not some employer.

  • @burritogod59
    @burritogod59 Місяць тому +3

    I have a non-compete that prevents me from going to a competitor, anyone my company buys from, and anyone my company sells to. It basically traps you at the company unless you want to leave the industry all together.

  • @leen7055
    @leen7055 Місяць тому +47

    Hope this isn't struck down by the Supreme Court, non-competes are horrible.

    • @danielschein6845
      @danielschein6845 Місяць тому +3

      It probably will be. 😢 The bad guys have a point here that this sort of thing should be a law passed by Congress and not an administrative rule implemented by unelected appointees.

    • @fizzy1550
      @fizzy1550 Місяць тому

      @@danielschein6845 But that's what administrations like these are for.
      If everything serious needs to go through congress, the old-fatheaded farts hardly understand anything about the job market anymore, and only care about the money they get.
      Not only that, congress is currently being pulled apart by psychopaths, so we can't count o them for anything right now.
      Administrations can still do a whole lot to save us, when congress fails us.
      We can't be expecting congress to do every-little-thing we need to have done.
      It's a huge reason why so many human rights are still shadowed, Right-to-repair is smacked down by greedy politicians, and hard working disabled people are still treated like 4th class citizens.

    • @FTBASTAR
      @FTBASTAR Місяць тому +6

      F the Supreme Court. The current one is the reason I vote blanket democrat.

    • @joejohnson1213
      @joejohnson1213 Місяць тому +3

      @luke5100 The thinking is a federal agency is not elected by the people. The constitution calls for laws to come from Congress (who are elected by and responsible to the people in their district or state). Some extreme examples: the EPA could decide tomorrow that gas cars pollute too much and are illegal. Or the CDC could mandate that every citizen get a series of COVID shots.

    • @alexc9638
      @alexc9638 Місяць тому

      @FTBASTAR Admitting you proudly vote Democrat at this point is wild. Especially while seeing how badly their ideas are failing across the country.

  • @derekwallace4144
    @derekwallace4144 Місяць тому +5

    This is definitely a positive thing. I have had to sign noncompetes on several occasions and it just doesn’t seem right in an “at will” state. The company has all the leverage.

  • @realJimMarshall
    @realJimMarshall Місяць тому +16

    I had to sign a "non compete" clause. They told me its was so i didnt take trade secrets to their competitors. I asked if i was also going to sign an NDA as well and they said no. Thats when i knew the "non compete" was there just to stop me from leaving for a similar job with higher pay.

    • @annapatton4544
      @annapatton4544 Місяць тому +1

      I have signed an NDA, but never was offered a non-compete. Hell, I did not know it existed till this video. Asked my husband - same.

  • @moons_mind
    @moons_mind Місяць тому +3

    I just left a consulting company where a non-compete clause was probably costing me at least another $10k - $20k because the client wanted to FTE me at the end. I can't see a reason why this would ever benefit anyone but the company to keep paying low wages

  • @travis1240
    @travis1240 Місяць тому +11

    Non-competes are crazy. They are already unenforceable in California which is one of the reasons Silicon Valley became what it is. You absolutely should have the right to use your skills to feed yourself or your family.

  • @Websitedr
    @Websitedr Місяць тому +6

    Glad this is changing because years ago we lost a candidate because previous employer was not releasing them since the industry was the same. If they lay off someone and competition takes them that's just how it works.

  • @bustcard
    @bustcard Місяць тому +13

    Imagine if workers could force employers to sign a legally binding agreement that if they fired you they could not hire anybody to do your job, or a similar job, for 5 years.

  • @davidcarp5935
    @davidcarp5935 Місяць тому +19

    Good, I ignored them anyway

  • @Phantastikal
    @Phantastikal Місяць тому +9

    Making these clauses illegal is 💯 the right thing to do! Are we a free economy or not? How can en employee not be able to work where they want? Crazy USA!

    • @vukkulvar9769
      @vukkulvar9769 Місяць тому +1

      It isn't. It's the second best thing to do. The best thing to do would be for non compete to require from the company to keep paying the same wage for the whole duration of the non-compete.

  • @mahumia
    @mahumia Місяць тому +3

    Here in the Netherlands, non-competes occur, but can be annuled when unfair or deemed not clear enough. As an employer, you can't block your employees from going elsewhere, just prevent your trade secrets running to the competition directly. So yeah, NDA are more effective.
    I think that if people are laid off due to some mass lay off-wave, and not due to incompetence for example, the employer loses all rights to decide where the employee will go, to be honest.

  • @mr.mr.3301
    @mr.mr.3301 Місяць тому +4

    Got laid off last year with minimal severance but was still bound by a 1 year noncompete. Got work then had to sign a 2 year noncompete with my new employer. So messed up. If you are layed off or fired you should get a severance for the length of time or it get ripped up. In addition they should be minimal in duration.

    • @JohnMelaries
      @JohnMelaries Місяць тому +1

      If the employment contract is preventing someone from pursuing employment elsewhere, then the employer should compensate the individual for the duration of the clause.

    • @vukkulvar9769
      @vukkulvar9769 Місяць тому

      Regardless of the reason, the company should keep paying the same wage for the duration of the non-compete.

    • @chrisstucker1813
      @chrisstucker1813 28 днів тому

      The american dream 😍

  • @DiegoMonroyF
    @DiegoMonroyF Місяць тому +4

    Non-competes are anti-free markets by nature. As Milton Friedman would say: “I’m not pro business, I’m pro markets.” These only help businesses in the sense of not having to worry about giving employees a fair treatment given that it limits their ability to freely choose for whom to work for. They should be completely illegal.

  • @IgorYegorkin
    @IgorYegorkin Місяць тому +2

    We were working in a cellular mobile operator company. It was a surprise for us to learn that we had non-compete clause with some software development companies.

  • @Veretax
    @Veretax Місяць тому +18

    This is one place where I think the agency has it right. The vast majority of non competes do nothing to protect the employee, only the companies, and few if any are negotiated so its not really 'contract' in a fair marketplace.
    Next, we need them to rule that companies should not be able to keep PTO that was earned when a person parts service whether they are fired or not. If its presented as an actual earned benefit they should be paid.

    • @ExaltedDuck
      @ExaltedDuck Місяць тому +1

      It sounds like the direction will be to adopt rules like California's against non-competes. The exceptions where they are enforceable are pretty reasonable. Lets hope PTO rules follow, too. Vacation time is considered vested wages and "use it or lose" is considered theft. Only thing is, there's a major loophole... Now most employers have limited accrual rules. So instead of paying out unused time at year's end, they carry over unused vacation time to the next year up to some certain cap. My ca[ is 150% of the basic allotment. So since I get 15 days a year, if I use 5 and roll over 10, that would add up to 25 next year. but 150% of 15 is 22.5... so I "don't accrue" any time past that or rather, only receive 12.5 days instead of 15 for the new year. (Personally I think that should be illegal or at least have that missed 2.5 days paid out)

    • @lasciviouspaine
      @lasciviouspaine Місяць тому

      i would consult an employment attorney

  • @bougiestocklvrdoc2470
    @bougiestocklvrdoc2470 Місяць тому

    This is a huge win for healthcare providers like myself (MD, NP, and PA) that often have non-compete clauses that stipulate not being able to work within a certain radius from the organization’s multiple locations. This sometimes causes healthcare providers to have to move out of state to work, which also limits access to healthcare providers in that specialty. Non-compete clauses are predatory!!

  • @spoddie
    @spoddie Місяць тому +2

    I've worked as a contractor for most of my career. I think it's totally fine for my employer who puts me into a customer's team, stopping me from leaving and working for the customer immediately. However, attempts to stopping me from working in the industry is ridiculous.
    Wait, they lay you off and try to enforce the non-compete? Wow.

  • @timothygibney159
    @timothygibney159 Місяць тому +2

    Employers will still force you to sign them or not hire you in the hope it will be over turned

  • @zz5guy
    @zz5guy Місяць тому

    I signed a non-compete agreement. Everyone who've I've asked about told me it was utterly unenforceable.

  • @AlineaEuros
    @AlineaEuros Місяць тому +3

    I found it bs that these non compete causes were legal in the first place, like why is this company allowed to be stopping you from making a living? Your bills and costs to live dont stop so your ability to seek a new job shouldn't either. These companies need to know their place.

  • @in4theride75
    @in4theride75 Місяць тому +1

    This will 100% go all the way to the supreme court so I wouldn't bet on this just yet.

  • @robertmorgan2723
    @robertmorgan2723 Місяць тому +3

    im on board with getting rid of lobbiest

  • @charliedallachie3539
    @charliedallachie3539 Місяць тому +2

    4:16 you should do a video on this especially how misleading the unemployment numbers are. The news keeps saying the economy is booming and unemployment is as low as ever.

  • @jacobramseyer5275
    @jacobramseyer5275 Місяць тому +27

    Finally something from the Democrats I like. I think this is going to go a long way in terms of making a lot of work environments better. It's going to make it easier for employees to find better situations for themselves and their current workplace and other workplaces if they so desire. I like freedom and this means freedom

    • @christschool
      @christschool Місяць тому +7

      Actually, if you turn your TV and radio channels, you'll find a lot that Democrats do for working people.

    • @Asher_Caulfield
      @Asher_Caulfield Місяць тому +7

      ​@@christschoolSuch as? Not being combative, I just don't keep up with politics.

    • @markborishnikoff5485
      @markborishnikoff5485 Місяць тому

      @@christschoolsending billions to Ukraine and destroying small businesses during doesn’t count or help your argument. They’re part of the uniparty

    • @mountainbound1315
      @mountainbound1315 Місяць тому +1

      If you like this you'll really like that the Biden Administration and Transportation Secretary just announced they are enacting laws to make Airlines actually refund your money promptly. So when your flight is cancelled or your luggage goes to Timbuktu instead of your destination or some other airline fu

    • @dchardin1
      @dchardin1 Місяць тому +3

      Yes I can't say I agree with a lot of what this administration does, but they have a few good ideas and this is one of them.

  • @ericeandco
    @ericeandco Місяць тому +2

    It doesn’t matter if you’re working minimum wage or your an executive, the non competes are required. The bigger the company the more prohibitive and intrusive. It’s not just the money. It’s about opportunity. Most companies have very little opportunities for advancement these days.

  • @taylaca
    @taylaca Місяць тому +1

    I had never heard of a non-compete clause until I signed a contract to work for an American-run company (operating in Canada). The contract also included some other crazy stuff, like requiring us to provide 1 month of notice before leaving the job, which is an illegal requirement in my province, and stipulating that we will only be paid time-and-a-half for overtime above 42 hours per week, which is also illegal here. They just wrote a bunch of illegal stuff in the contract and then stuck a note at the end of each section saying "subject to local regulations". It taught me to always check anything my employer claimed against my province's employment standards. The company did follow the regulations while I worked there - the contract was just full of nonsense.
    As for the non-compete clause, it is technically legal to include it here, but would be difficult or impossible to successfully enforce because it must meet the requirement of being "reasonable". Many of my coworkers broke it, and the company never went after them. Nobody (at least in the worker and supervisor levels) really believed they had to follow that clause. There's a court history of non-compete clauses being struck down as unenforceable in court here, so I doubt the company would waste money in that legal battle except maybe for some top level management kind of person.
    It should be straight up illegal though. We shouldn't have to sign a contract and bet on parts of it being unenforceable against us. And I'm lucky to live somewhere that I have that legal presumption.
    Edit: Spelling

  • @joel3792
    @joel3792 Місяць тому

    Unless your career required license/registration with a public organization, there was hardly ever a way to police these things anyhow.

  • @davidduff9871
    @davidduff9871 Місяць тому +2

    Every application we see asks if you have an agreement with an employer.

  • @PaulH581
    @PaulH581 Місяць тому +10

    I’ll keep this in mind assuming that I actually get a job offer in the future.

    • @davidcarp5935
      @davidcarp5935 Місяць тому

      Lol

    • @fremontpathfinder8463
      @fremontpathfinder8463 Місяць тому

      Retrain. There are openings in many fields

    • @PaulH581
      @PaulH581 Місяць тому

      @@fremontpathfinder8463 I thought about that but if I can’t even find work in the field where I have decades of experience what chance do I have to break into a new field where I have zero experience and even positions labeled as “entry level” turn out to require years of experience just to get your CV to pass the initial screening process.

  • @Candide1776
    @Candide1776 Місяць тому +13

    Never signed one anyway. If a potential employer put one in front of me, I walked away. 99% of the time, they'd offer to remove it since I refused to sign, but companies that used these things aren't worth working for. A non-compete should be only for very senior level workers (think C-suite, Senior VP's, etc), and it should come with a severance package (think 1-2 years salary at least for 12 months of "non -compete"). Companies, however, were using these as a way to create an indentured servant class of worker who couldn't just find something better. What's worse, even if the company fired the employee, they were still held by the non-compete. It was already unenforceable in many states, but glad to see it's nationwide now. Hopefully it will also apply to "moonlighting" clauses. What I do on my own time is my business, not my daytime employer's.

    • @AnnaSzabo
      @AnnaSzabo Місяць тому +2

      Me too 100%

    • @JustMe99999
      @JustMe99999 Місяць тому +1

      Actually, as a VP, I don't think they should apply to me either, or the C-suite. If you signed an NDA that should be enough; only a complete moron is going to share trade secrets with another company.

  • @owningyourfinances
    @owningyourfinances Місяць тому +2

    We were bought, required to sign a non-compete before any of us would be recognized as employees in the new company and there was a lot of back and forth about the rigid and aggressive nature of the agreement. Eventually they adjusted a few things and then put it back out there at the 11th hour when we had to decide to walk or sign it. We ended up signing it, but it was a horrible way to start our relationship with the new owner - who is a narcissist - and most are looking for the next role now, but the new owner lucked out on timing because it's a tough market to find anything new in currently. So we're stuck until we get lucky or the market improves again.

  • @tjlambaes
    @tjlambaes Місяць тому

    I’m currently fighting a non compete with a lawyer. He told me that more than likely someone will sue the FTC keeping the new ruling in litigation for years. As well the Supreme Court is stacked with republic judges so it doesn’t look well.

  • @MrNiceGuy500
    @MrNiceGuy500 Місяць тому

    This is great news! I won’t be abused anymore!

  • @monterreymxisfun3627
    @monterreymxisfun3627 Місяць тому +28

    There's a very high chance that the Supreme Court will strike this down. Hopefully it raises awareness for more states to ban non-competes.

    • @chuckchan4127
      @chuckchan4127 Місяць тому

      Why do you say that?

    • @HH-le1vi
      @HH-le1vi Місяць тому +9

      If anything they can put in a rule that states that if you have someone on a non compete you have to pay their salary during that period. You'd severely disincentivize non competes.

    • @monterreymxisfun3627
      @monterreymxisfun3627 Місяць тому +3

      @@HH-le1vi That's called garden leave, which is typical in Massachusetts.

    • @willcasp
      @willcasp Місяць тому +2

      I am afraid you are correct. I expect the supreme court to rule that this is something that Congress needs to legislate, and not an administrative department to dictate.

  • @kevinmach730
    @kevinmach730 Місяць тому +1

    Simple. If companies truly believe it's all about trade secrets (which I think is mostly bullshit), then let them specify exactly what those secrets are and then those can be protected by a non-disclosure act. The scope of these should be severely limited and confined to products or IP that they INVENTED. And anything truly that novel is protected under a patent anyway. It shouldn't be as broad as: you can't work for a competitor for X years.

  • @kcald9891
    @kcald9891 Місяць тому +1

    I hope this sticks. I've never heard anything so anti "free market" as non-compete agreements. I literally worked for a hair salon that sued an employee for leaving to work at a different salon in "too close of proximity." So your options are to find a new career, or move to a new city (depending on the agreement, possibly a new state) if you need to get out of your job. The judge actually ruled in favor of the employee on that one, but it cost her thousands of dollars in legal fees. Insanity. The idea that a company can own you, even the idea that they can quell healthy competition in the market at all... I don't usually say things like this, but it's un-American.

  • @jimba6486
    @jimba6486 Місяць тому

    This issue is a textbook example of government facillitating the right conditions for creating rules that make the playing field equal and fair to compete. Although, I must add that we need to abolish the FTC. This rule is the responsibility of congress, not unelected persons.

  • @really5453
    @really5453 Місяць тому +1

    I remember Jimmy John's had a non-compete clause. I mean did they have top secret info for crappy sandwiches? LOL and yes that was one of many employers where I was treated poorly have to customers didn't tip, I was forced to cover two areas of delivery with no extra pay twice before I flat-out refused to continue doing it. Twice when I had to leave work because of an abusive manager I didn't get compensated for what I'd made terrible awful company that really should go out of business

  • @MTimWeaver
    @MTimWeaver Місяць тому

    Non-compete clauses should have been moot if one got laid off. This is a great move, and I rarely say good things about government actions.

  • @Owondr
    @Owondr Місяць тому +3

    Power shift to the people.

  • @Invertmini1212
    @Invertmini1212 6 днів тому

    Im currently under a non compete expiring in August... It has hindered me greatly the past 8 months. I went from making six figures to struggling to find consistent work. Was working in Logistics/Sales for 6 years.

  • @MeUberTuber
    @MeUberTuber Місяць тому +1

    My severence package was conditional to a 1 year no-compete agreement that i had to sign that I was told about when i was laid off.

    • @stevenluo9516
      @stevenluo9516 Місяць тому

      @luke5100 www.nlrb.gov/news-outreach/news-story/board-rules-that-employers-may-not-offer-severance-agreements-requiring

  • @leemartinez2975
    @leemartinez2975 Місяць тому +1

    This is good news! There are non-disclosure agreements to protect sensitive trade secrets.

  • @ewitte12
    @ewitte12 Місяць тому

    The only thing in my non compete is directly working for our clients.

  • @lasciviouspaine
    @lasciviouspaine Місяць тому +1

    it would be nice if the government took some accountability and openly admitted we're in a recession so we can actually tackle the problem.
    personally, i'm working in a toxic retail environment where i am just one of several underpaid pawns with no voice and no options. my company is worth BILLIONS and yet we have a constant revolving door of underpaid and overworked employees, at least half of which are elderly or teens

  • @Labyrinth6000
    @Labyrinth6000 Місяць тому +2

    Yay you covered my suggestion! Non-compete contracts are extremely anti-free market and it shackles and intimidates employees into working for one company with lower wages. Not to mention leaving will result in years of no work. Though I have heard from layers that it’s unenforceable and that contracts are still liable to following laws, aka if it’s affecting your livelihood, the contract is null and void.

  • @kesayo
    @kesayo 13 днів тому

    They have always been unenforceable. But companies kept them in anyway as a scare tactic because it technically wasn’t illegal to threaten employees.

  • @HandlingSmilus
    @HandlingSmilus Місяць тому

    Gotta treat your people good. Maybe now HR will get motivated to detox the job place.

  • @tobiasthederp
    @tobiasthederp 26 днів тому

    “America is not the greatest country in the world, that’s my answer!” Will from The Newsroom. HBO

  • @armyknowitall
    @armyknowitall Місяць тому

    Non-competes should be illegal, “if you don’t work for us, you can’t work for anyone”

  • @RonaldBrowen3
    @RonaldBrowen3 Місяць тому +2

    Nice! Now I can go back to work in Airplane Manufacturing, and Advise people to avoid said company. Part of the non-compete also clarified that you cannot obstruct or discourage or otherwise interfere with any current or potential employee.
    though, any proprietary info should still be covered by NDA.
    but now I dont have to wait a year in a half. Better job here I come! and no more being held hostage in the future

    • @lasciviouspaine
      @lasciviouspaine Місяць тому

      Boeing would like to know your location

    • @RonaldBrowen3
      @RonaldBrowen3 Місяць тому

      @@lasciviouspaine hahaha, it wasnt Boeing. It was a smaller company that made private jets and planes

  • @vivr670
    @vivr670 Місяць тому

    Whoa. Did not even think that noncompete exists, lol. Greedy companies laying off workers should now be scared and careful. This is a win.

  • @rossker123
    @rossker123 Місяць тому

    when I started with my current company, they made me sign a non-compete which made zero sense for a support agent.... I quickly got promoted to a dev role and can see the source code so NOW it makes sense. That said, the one they had me sign is extremely narrow so I didn't really care that much.

  • @musemintsvloghaulreactions1460
    @musemintsvloghaulreactions1460 15 днів тому

    That's good news. I hope it goes through in August. I was going to a graphic design position at a small business and I would have had to sign a non compete agreement and not do my own business to selling graphic design services or art work I think.

  • @hyojoonus
    @hyojoonus Місяць тому

    Better late than never, but twenty years behind the curve.

  • @joshuakaeble7810
    @joshuakaeble7810 Місяць тому

    Stick it to the man! :)

  • @silverhawkflash
    @silverhawkflash Місяць тому

    It actually feels like the government is working for the people for once! lol

  • @aaronc4724
    @aaronc4724 Місяць тому

    I hope this don't get overturned, we need employers to compete for good talent.

  • @tyvanhworkout
    @tyvanhworkout Місяць тому

    This is great news! Hope any challenges are defeated and it goes through.

  • @austinbevis4266
    @austinbevis4266 Місяць тому

    I was forced to sign a non compete to be a bagger at kroger in 2017

  • @mitko456
    @mitko456 Місяць тому +1

    Way to go USA! I hope this goes through. I am currently only an employee but with my 15+ y of experience in tech I think this will benefit everyone. Companies would have to think more about culture and behavior of their management and hence would achieve better employee retention and lower their legal expenses.
    Anyways if the employee is fired without a reason (eg. a mass lay-off) then a non-compete clause is void at least here in Switzerland.
    Probably the main reason for it being that if the person cannot find a suitable job, the unemployment insurance would have to pay their last salary for a while…

  • @NomadicBrian
    @NomadicBrian Місяць тому +1

    About time some of the one sided language in contract agreements will change. Next up contract workers should not be limited to one submission. Multiple submissions should be allowed with competitive rates. That was always BS.

  • @glenb1796
    @glenb1796 Місяць тому

    Employers will just shift back to using blacklists more.

  • @edshanks2189
    @edshanks2189 Місяць тому +1

    Great news!

  • @Nimbusdrifters
    @Nimbusdrifters Місяць тому

    if you fear you will lose hardworking talented employees to another company, then maybe you don't deserve to be their employer. Hiring process should be a mutual thing, take care of people and pay them what they are worth.

  • @nexttime960
    @nexttime960 Місяць тому

    Bojangles ( the chicken place) made you sign non compete on how they made Cajun Rice, when Pizza Hut serves rice I'll be worried

  • @joelmacha2104
    @joelmacha2104 Місяць тому

    Great! Now I can work two jobs for the price of one!

  • @nicholasrosen6342
    @nicholasrosen6342 Місяць тому

    Basically as it stands, labor laws are extremely weak and any unions or any forming unions have no teeth.

  • @leen7055
    @leen7055 Місяць тому +3

    Interestingly this will impact wrestling entertainment organizations like WWE & AEW. Glad for the talent.

  • @izamalcadosa2951
    @izamalcadosa2951 Місяць тому

    Another great video, Bryan!!

  • @WinstonCodesOn
    @WinstonCodesOn Місяць тому +1

    It's good for workers, but I question whether the FTC has the authority to dictate private contract terms to this degree. If they could make a mandate like this, what else could they do? I think this likely gets challenged in the courts. It's just election window dressing for Biden.

    • @skyranger1366
      @skyranger1366 Місяць тому +1

      Is it any worse than businesses dictating what you can do with your knowledge and labor.

    • @stevenluo9516
      @stevenluo9516 Місяць тому +2

      You'll be surprised on how much the government has the authority to dictate contracts, including residential leases and airline contracts of carriages.

  • @6zeek9
    @6zeek9 Місяць тому

    Personally, I don't see how non-compete clauses can be enforced if you are laid off or fired. I can see if you quit, but not any other way of your job ending.
    At my last job, when I was let go, I told one company on an interview of the non-compete, but they said it was too general to be enforceable. So I didn't worry about it after that.

  • @yolojabromeo-xw8ft
    @yolojabromeo-xw8ft Місяць тому

    there has been precedent that these were unenforceable for years now. So this is just solidifying that precedent. You have a right to make a living. If employers want to protect their IP - they should pay for it and treat their employees right.

    • @merrytunes8697
      @merrytunes8697 Місяць тому

      Unfortunately, I live in a state and work for a corporation in a state that both enforce non-competes, so it is very much a hindrance to career growth and salary increases. NDAs can protect IP.

  • @chm9935
    @chm9935 Місяць тому

    5 yrs non compete???!!!!!!!

  • @Reddit1872
    @Reddit1872 Місяць тому

    I can give you another way employees can win: work hard and get promoted. I know, I’m old school.

  • @danielschein6845
    @danielschein6845 Місяць тому +1

    California “banned” non-competes quite a few years ago yet they are still common here? I’ve heard a lot of people say that therefore you should go ahead and sign them.
    DON’T. These clauses aren’t in your paperwork because the corporate lawyers are ignorant of local California law. They are in there because they provide a way for a former employer to really mess up your life even if they can’t prevail in a lawsuit.
    In my industry, most job applications have a question in them asking if you are subject to a non-compete. If you say yes, your resume goes in the trash never to be seen by human eyes. If you say no and get the job, your former employer has the option of writing a letter to your new one and getting you fired for lying. No law will prevent this tactic.
    The lesson here is never sign a non-compete. Walk away from the job if they don’t remove it.

  • @randyriegel8553
    @randyriegel8553 Місяць тому +2

    I worked as a software developer for a company in a specific niche that had competitors. Our company got bought out by one of them and the new company started letting everybody go. One guy a year before that left our company and created his own.... so I moonlighted for him. When it was my time to get fired the new company wanted me to sign a non-compete for 1 year and offered me a month of wages... what? I told them for 1 year non compete I wanted 50% of my wages and they declined so I tore the non-compete form up in front of them and told them I'm already competing against them. So worked for my buddy full time for CASH so I could collect unemployment at same time. Unemp ran out and he hired me legit. 😁

    • @JeffreyNero-sk6jv
      @JeffreyNero-sk6jv Місяць тому +1

      You are an inspiration to me! I love how you handled the bs and hope you’re doing great in your new work. Thank you!

  • @errrzarrr
    @errrzarrr Місяць тому

    ONE win for the employee. Bravo! There are 9999 more to win

  • @RedT...TheOriginal.NotANumber
    @RedT...TheOriginal.NotANumber Місяць тому +1

    My industry is not afflicted by non-compete clauses, but I think they're a shameful practice. I can completely understand non-DISCLOSURE agreements, but telling someone where they may/may not work based on something so frivolous as this should be (and thankfully will be) unlawful.
    There is nothing stopping employers from hiring new workers, and driving out/firing older workers, to save a few bucks. Why should THE PEOPLE not be allowed to do the same in reverse? Hypocritical policies created by corporations, that's why. Good riddance, and thank you Biden Administration!

  • @blanketjackson8075
    @blanketjackson8075 Місяць тому

    About time!

  • @tubalcain6874
    @tubalcain6874 Місяць тому

    I'm pulling for the end of at will employment too.

  • @abkeener81
    @abkeener81 Місяць тому

    I'm a concierge for the residential division of B.F. Saul. I've got a non-compete on my ass. I just don't care. I am not scare of my employer. I've also read and reread it multiple times over to know how to defend myself. It helps immensely that my Dad is a retired DoD employee. My Momma is a retired teacher. And I have a maternal uncle out west who's retired CHP (California Highway Patrol). And I am in an active job search. I live in Fairfax County, Virginia (suburb of Washington, DC). The only reason my rent is a low as it is is because I have a subsidized rate through Fairfax County (not section 8). And I still have to get my parents to buy me groceries and help with rent. I don't like doing that because they're on pensions.

  • @lowermichigan4437
    @lowermichigan4437 Місяць тому

    I once worked a job that had a non-compete. When I left I hired a lawyer to read it and handle problems if they came up. New employer did not require a non-compete. Old company vener tried anything.

  • @davidduff9871
    @davidduff9871 Місяць тому +5

    This will be challenged and struck down.