How do you feel about noncompete clauses?

88m3

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Mapping Where Jimmy John's Ex-Employees Are Forbidden to Make Sandwiches
It might be simpler to mark where an ex-Jimmy Johnner CAN legally put meat on sub roll.

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SigActs
Last week, the HuffPo's Dave Jamieson wrote a great, forehead-slapping storyabout the ridiculous noncompete clauses that sandwich chain Jimmy John's has its employees sign. The whole piece is worth a read, but here's the nut of it:

A Jimmy John's employment agreement provided to The Huffington Post includes a "non-competition" clause that's surprising in its breadth. Noncompete agreements are typically reserved for managers or employees who could clearly exploit a business's inside information by jumping to a competitor. But at Jimmy John's, the agreement apparently applies to low-wage sandwich makers and delivery drivers, too.

By signing the covenant, the worker agrees not to work at one of the sandwich chain's competitors for a period of two years following employment at Jimmy John's. But the company's definition of a "competitor" goes far beyond the Subways and Potbellys of the world. It encompasses any business that's near a Jimmy John's location and that derives a mere 10 percent of its revenue from sandwiches.

Now, thanks to the work of news-mapping company SigActs, we have the necessary visual companion to this story: a map showing all the places in America where ex-Jimmy Johnners can't make a sandwich.

Is seems there's a lot of them—6,000 square miles, in fact. The interactive mapshows a country dotted with crimson-colored noncompete zones like a bad case of measles. Note the thick concentration of criminal sandwich-making spots in cities. In Seattle, for instance, an ex-employee could legally put meat into sub rolls only in the extreme northern and southern neighborhoods (and the situation's even worse in the suburbs). And in Chicago, as pointed out byMaps Mania and shown above, they're basically confined to a teeny-tiny strip of land next to the airport.

Here are a few other cities that SigActs has highlighted on Facebook:




A couple of disclaimers: HuffPo says it isn't aware of Jimmy John's actually enforcing its draconian sandwich restrictions. And an owner of one of the fast-food restaurants adds that it's up to individual franchises to have employees sign noncompetes. Still, as a representation of the chilly heart of American lawyerdom, this map is highly illuminating. Read more about its making here.



http://www.citylab.com/work/2014/10...yees-are-forbidden-to-make-sandwiches/381634/
 

Blackking

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Why? :dahell:


I can see it being necessary in some occupations, but not for damn sandwich makers and delivery drivers.
I think all industries need them...

But not all jobs I guess. But if I owned a sandwich shop that wasn't national I might have one.

I would have invested training n shyt into this person... then they gonna go take techniques to the enemy.

Especially if it's a manager or marketing person... muthfukka better get out the sandwich biz for at least a year.
 

Brown_Pride

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Why? :dahell:


I can see it being necessary in some occupations, but not for damn sandwich makers and delivery drivers.
i'm not familiar with this particular food place but maybe they have a homemade secret sandwich sauce :manny: again this particular example is a complete abuse of the clause.
 

acri1

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I think all industries need them...

But not all jobs I guess. But if I owned a sandwich shop that wasn't national I might have one.

I would have invested training n shyt into this person... then they gonna go take techniques to the enemy.

Especially if it's a manager or marketing person... muthfukka better get out the sandwich biz for at least a year.

i'm not familiar with this particular food place but maybe they have a homemade secret sandwich sauce :manny: again this particular example is a complete abuse of the clause.

Meh, I can see maybe having a manager sign it, or somebody that works at the corporate office, but a delivery driver? :childplease:

Let's be reality, if somebody really cares about leaking the recipe for your secret sandwich sauce, they're gonna do it anyway.
 

Brown_Pride

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Meh, I can see maybe having a manager sign it, or somebody that works at the corporate office, but a delivery driver? :childplease:

Let's be reality, if somebody really cares about leaking the recipe for your secret sandwich sauce, they're gonna do it anyway.
and when they do you sue the shyt out of them. Marketing is a bigger deal than most people give credit for. There's a reason companies spend MILLIONS on their branding. Even something like a driver, depending on what type of driving, can receive training that took years for a company to develope, perhaps trade secrets like route mapping etc, etc. Losing that to a competitor could be a devistating. Let's say you teach your drivers to really become close to your customers, sometimes when you lose a driver or a salesman they take clients with them.

Sandwiches are a stretch.
 

kevm3

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noncompete clauses are very dangerous to employees, because imagine you work for three different companies in three different fields with stringent noncompete clauses. Effectively, they can vastly limit your employment opportunities, and you can be locked into their brand.
 

714562

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They must not enforce them because if they did, someone would have cashed in long ago.

Noncompetes have to be reasonable in scope and reasonably related to the business. The 10% clause isn't related to JJ's business at all. fukking Publix probably makes 10% of their revenues from their deli sandwiches. You're telling me that working at JJ's means I can't work at Publix? F.uck out of here. No way you're enforcing that.
 

A Real Human Bean

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Just another blow to worker's rights. They shouldn't exist.

Silicon Valley tech giants, including Google and Apple, and a bunch of major/minor Hollywood studios, including Pixar, Lucasfilm and Dreamworks, used them in a conspiracy to drive down worker's wages, which is really a scandal and it isn't receiving as much press as it deserves.

It's " the first case experts know of in which antitrust law was used to successfully certify a class action wage theft lawsuit."

I suggest you guys take a look. There's a lot of interesting information that's been made publicly available in the court documents (internal emails between Eric Schmidt and Steve Jobs and other high level executives).

I recommend you start here.
 
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无名的

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I've seen this from several angles...

1) My wife's mother was sued for going to another company and it ended up costing her around $100,000 for something she didn't know she wasn't supposed to do that violated the noncompete. Most everyone signs contract without reading. Years later, she just switched to another company and even after studying the noncompete, she's being threatened with a lawsuit that demands she quit her job within 7 days or be sued. Basically said she can't get any job in the same industry within the same city.
2) My wife's dad is basically like a franchisee of a business that has gone to shyt, so they took away his 100k+ salary and left him commission only. He's done it for 30 years. He's old and knows nothing else. He has a 2 year noncompete, so basically, the owner holds him under his thumb in this shytty business.
3) My wife's boss says he doesn't believe in noncompete clauses. His motto: if you don't want to work for me, feel free to go elsewhere. The company is wildly successful and probably has never lost one contract due to preventing a former employee from competing.

I'm with 3. Noncompete clauses, like so many things, serve an important purpose, but are mostly used in a manipulative fashion that destructively creates a power imbalance between company and employee.

And doing that for a fukking Jimmy John's is just ludicrous.

:what:
 
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