Austin attorney shares warning to workers about ban on noncompete clauses

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  • Опубліковано 23 кві 2024
  • Austin Kaplan, an employment attorney based in Austin, spoke with KXAN's Will DuPree about the Federal Trade Commission's decision to ban noncompete clauses in workers' contracts nationwide. Read more: www.kxan.com/hill-politics/ch...
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КОМЕНТАРІ •

  • @Khorvalar
    @Khorvalar Місяць тому +38

    Noncompete's never should've been legal in the first place.

    • @frequentlycynical642
      @frequentlycynical642 Місяць тому +2

      There are some places and circumstances where non-competes make perfect sense. However, I doubt if making fast food qualifies.

  • @xfiles4792
    @xfiles4792 Місяць тому +34

    If you aren't paying me any more then you shouldn't be able to tell me what to do.

  • @davidcarp5935
    @davidcarp5935 Місяць тому +22

    Keep customers by providing good services and products. Everyone has a right to 'shop around', companies included. Competition is just that, deal with it.

  • @barbaraeslick558
    @barbaraeslick558 Місяць тому +46

    Can we all agree Citizens United should be over turned so we can take our country back from corporations???

    • @crinklecut3790
      @crinklecut3790 Місяць тому +2

      I don’t think you understand the Citizens United case.

    • @pearlsswine
      @pearlsswine Місяць тому

      Nope lol. You can take the country back when you provide value above and beyond what illegals can do Lolzz.

    • @margaritoamargo6347
      @margaritoamargo6347 Місяць тому

      @@crinklecut3790 I am 100% sure you do not understand the case. They overturned a law that prevented corporations from spending money to influence campaigns and who people vote for. This opened the floodgates for corporations to control our elections and ensure that only the candidates who are friendly to corporate interests are elected. We have given more power to special interest groups with deep pockets than individual voters and that is why they have such a stranglehold on our politics. Its why prices in a variety of industries never come down. The medical, military industrial complex, education, grocery stores and countless other corporations lobby and influence politics so that we can never pass legislation that would reign in their monopolistic aggression. They break the law all the time and then get the laws changed to favor their greed and corruption. People die every day from preventable things because business would rather make a massive profit than change their products to be safer. Our food is terrible and yet we cant do a damn thing because they block government from exercising its authority to protect us. These people in corporations are the scum of the earth and need to be stopped.

    • @yumatom
      @yumatom Місяць тому

      Citizens United just said the government can’t choose who is actually a journalist with 1A rights.

    • @yumatom
      @yumatom Місяць тому +1

      The NY Times is a corporation with 1A rights and can report on candidates and elections. Anyone else should have the same rights including a collective of people forming their own corporation. The the heart of citizens United

  • @FarmerRiddick
    @FarmerRiddick Місяць тому +16

    Noncompete clauses are a modern form of obliging one to be an indentured servant. A "lighter" form of slavery.
    The "masters" are of course, going to challenge the FTC.

    • @pearlsswine
      @pearlsswine Місяць тому

      lol "muh slavery, muh oppression, muh I'm a victim".
      How about this, baby boy: a company has no interests in training you up just so you can pay them back by resigning and immediately taking those skills to their competitors.
      Not that you have anything to worry about. Taco Bell janitors don't have noncompete clauses.

    • @k.chriscaldwell4141
      @k.chriscaldwell4141 Місяць тому +2

      Yup. People don’t understand that noncompetes are an intimidation tool that binds one to their previous employer-like a serf.
      Even if the binding firm knows they can’t win, they can intimidate and destroy a previous employee just by filing a suit. The employee loses their new job and ends up with legal bills.
      I’ve seen it done. I almost had it done to me.

  • @joshuam4921
    @joshuam4921 Місяць тому +24

    My nephew had to sign a noncompete while he worked at a carwash... yeah these companies abuse the heck out of non-competes.

    • @MrNiceGuy500
      @MrNiceGuy500 Місяць тому +4

      I’ve seen families geographically and forcefully separated by these things, I’ve seen people get huge paycuts after being coerced into one, I’ve seen these things be present to people who don’t even speak English very well (should have been presented in their native language). Yea companies have abused them so much

    • @eligebrown8998
      @eligebrown8998 Місяць тому

      That wasn't smart

    • @Callsignethiopia
      @Callsignethiopia Місяць тому

      It’s not abuse if your nephew willingly signed what was stated in the contract. Stop thinking like a victim

    • @brianwestmoreland3836
      @brianwestmoreland3836 2 дні тому

      ​@@CallsignethiopiaEither sign or you don't have a job, but for a car wash? What's the difference? That's a dumb non compete

  • @bonesandbells
    @bonesandbells Місяць тому +13

    Employment contacts have gone way too far in non-competes and intellectual property. Hopefully companies will get more than a slap on the wrist like the Silicon Valley companies received when the colluded with each other to limit employees from switching companies to keep salaries down. Also, I've been forced multiple times to push back on employment contracts in IT that were so broadly worded that if I wrote a fiction book in my spare time, the company would own it.

  • @billballeza377
    @billballeza377 Місяць тому +10

    Non compete codicils were originally meant to prevent certain workers from taking clients and clients lists from one company to another competing company. Car salesmen is one example. But companies began exploiting non compete clauses to keep high performing employees from leaving. Most non competes of six months have been upheld but those that kept employees out of work at competing firms for one year or longer are generally unenforceable. Even so, most companies don’t want to fight restraining orders because of the time and expense involved in litigation. Eliminating non-compete clauses is great for workers but not so great for companies and industries that rely on keeping customers and, in the case of broadcasters, audiences.

    • @WaffersCappuccinoFl
      @WaffersCappuccinoFl Місяць тому +2

      The problem is not the noncompete..it's the price to hire an attorney!

    • @ogasdiaz
      @ogasdiaz Місяць тому +1

      It’s ok if a worker moves it’s client list from one company to another. The client wont switch if the price os worse so overall this incentivizes competition

    • @niyablake
      @niyablake Місяць тому

      @@WaffersCappuccinoFl some working at McDonald should never have to sign a non compete

    • @WaffersCappuccinoFl
      @WaffersCappuccinoFl Місяць тому

      @niyablake exactly, and if they did an attorney should cost them 5grand!!

  • @windmolenfarm8030
    @windmolenfarm8030 Місяць тому +2

    As a Physician, I got screwed out of a good job by a Non Compete Clause once and thereafter I Lined out and initialed the change in every contract I signed before I sent it back to the Employer. I never lost a job by doing this and never had a problem after that. I don't know if they just didn't notice my change to the contract or if they really didn't care, but I never had any restriction on changing jobs after that.

  • @scruf153
    @scruf153 Місяць тому +3

    I have never quite a job only bosses

  • @crinklecut3790
    @crinklecut3790 Місяць тому +9

    This one will ultimately be decided at SCOTUS. There’s just too much money involved for it not to be.

    • @margaritoamargo6347
      @margaritoamargo6347 Місяць тому

      And Scotus heavily favors conservatives and will always err on the side of Republican interests. Nothing will change it will continue to be corrupt.

    • @NighDarke
      @NighDarke Місяць тому

      And they're paid off by big business same as congressman and senators.

  • @kyosanim9581
    @kyosanim9581 Місяць тому

    Austin on Austin.

  • @dhoffman4955
    @dhoffman4955 Місяць тому +2

    Congress needs to codify laws against noncompete agreements.

  • @brianwestmoreland3836
    @brianwestmoreland3836 2 дні тому

    Non competed are banned, however non solicitation or customer stealing via direct or in directs js enforceable still

  • @dontgetsore
    @dontgetsore 26 днів тому

    I have a $15k increase opportunity with another employer that I can't pursue due to a non-compete. Can't wait for this to go into effect.

  • @PCTC47
    @PCTC47 Місяць тому

    Non Competes are the “Quid” in the Quid pro Pro. Consider that in any discussion.

  • @eligebrown8998
    @eligebrown8998 Місяць тому

    If you don't want your employee to leave for better pay,etc then maybe you should pay up or treat them better

  • @bvrsqzr3569
    @bvrsqzr3569 Місяць тому

    I believe someone should be free to move on. However, this seems like what government agencies always do. Such as tbe cdc or atf. They do not have the authority to make or change laws. And they try all the time.

  • @jacobbradshaw7801
    @jacobbradshaw7801 Місяць тому +1

    You can't stop a person practicing his/her trade in order to make a living

    • @frequentlycynical642
      @frequentlycynical642 Місяць тому

      You can, Honest to effin' gawd, don't you get it?

    • @k.chriscaldwell4141
      @k.chriscaldwell4141 Місяць тому

      But they can, will, and have saddled ex-employees with hassles and legal bills.

  • @JoeWayne84
    @JoeWayne84 26 днів тому

    As far as I have seen Non Competes don’t hold up in court

  • @amyturpen4726
    @amyturpen4726 Місяць тому

    States with *right to work* laws that give employers unrestricted right to fire employees with no notice and for no reason, defending the same employers who impose *non-compete contracts* to trap employees in what amounts to virtual servitude conditions.

  • @BufordDuckworth
    @BufordDuckworth Місяць тому

    Companies will spend billions to fight a law that says they can't treat us like slaves, but they say they're broke when it's time for raises.

  • @curtg7396
    @curtg7396 Місяць тому

    The entities that are filing the lawsuits against the FTC are well connected and very wealthy.They OWN your politicians and judges so don’t expect this new ruling to stand.The supreme court is also dominated by pro-business lobbyists who will never have the working class’ best interests at heart.

  • @user-gn8gz1vn3b
    @user-gn8gz1vn3b Місяць тому

    Land of Freedom & Non-Compete law are Oxymorons.

  • @montanausa329
    @montanausa329 Місяць тому

    Your wrong, why should a sales person quit you with all of your building practices clients pricing be able tomorrow go work for the competitor. A lawyer is completely different as your not taking trade secrets with you

  • @robertward8035
    @robertward8035 Місяць тому

    Wow, how will the MAGA types coup?? Power to the People ☮️

  • @brookscowan90
    @brookscowan90 Місяць тому +2

    this attorney is smart but not on this issue