When I was in college, I worked part time on the engineering staff of
several AM broadcast stations. The employment contract forbid me from
working at another station within 250 miles if I was dismissed or resigned.
The clause was not limited to just the on-air personnel.
John WA4WDL
--------------------------------------------------
From: "Peter Gottlieb" <[email protected]>
Sent: Thursday, June 28, 2012 10:46 AM
To: <[email protected]>
Subject: Re: [time-nuts] [OT] Paywall Rant (was Re: Spoofing GPS)
I support that law. What a waste of talent if bright stars in advancing
fields are snuffed out!
Interestingly, I once heard it mentioned (in a business roundtable
meeting) that this was one of the "anti-business" laws which must be
strongly fought against.
You are right though, just because there is precedent does not stop
companies and their lawyers from inserting such clauses into their terms
of employment, most of which are non-negotiable for engineers. The
question is, how many individuals can afford going to court, both in terms
of cost as well as time? And courts are unpredictable, so you might even
lose and be destroyed financially. Thus, specific laws codifying such
employee's rights are great. Perhaps such "anti business" laws played a
part in the high-tech buildup in CA.
Peter
On 06/28/12, Jim Lux<[email protected]> wrote:
On 6/28/12 6:38 AM, Peter Gottlieb wrote:
Very true, and in some cases (Texas case) a judge ruled that an employee
that left a firm can never work in that same field again for the rest of
their life due to both positive and negative knowledge.
Not in California, where such agreements are specifically prohibited by
law.
And, for that matter, the later legal strategy calling out "inevitable
disclosure" (that is, that if you work in the same field you will
inevitably disclose something that is trade secret) has been held
invalid in a variety of courts.
This doesn't stop company A from threatening to sue Company B who wants
to hire someone from Company A, but it turns the threat into nothing, if
Company B's lawyer writes a nice letter citing the half dozen or so
cases to Company A's lawyer. In effect telling A, "pound sand with your
stupid extortion"
It *is* still effective in the old boys network.. executive from company
A mentions to executive from company B, "you know, if you hire good ol'
Bob, it could get sticky, legally. You sure you want to take that on."
Of such are things like illegal anti-poaching agreements made and of
such are consent decrees issued.
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