RIM Sues Motorola

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Blessedman

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So what would prevent employees that are outside of this contract seeking out RIM HR? I am a tad confused as I am sure RIM is as well.
 

hellwig

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Non-compete is the most ridiculous legal agreement, and is only used to enslave employees. What is the employee supposed to do if they don't like their current employer, but are contractually forbidden (either on their own part, or the part of the company) to work for a competitor? Many jobs are so specialized that you are stuck in an industry. Anyone spending 10-years designing cell-phones is pretty much locked to the cell-phone/PDA industry, unless they want to start-over with reduced pay in another field. Especially in today's economy where most companies are down-sizing, an individual should have the right to work whereever they can actually find it.

I left my former full-time job cause I couldn't stand the business decisions being made. Luckily I had no such non-compete agreement, and accepted a job with a direct comptetitor before my last paycheck even came.
 

michaelahess

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Some states don't uphold non-compete agreements. I've had two employers make me sign then, after quiting I went to work in similar fields and they tried, both failed. You can't prevent someone from making a living at what they do. Working in networking for ISP's is what I do, can't prevent me from going to another ISP cause you're upset about me leaving.

There are bits that can be upheld like stealing clients or trade secrets of course. But in general, they are worthless.
 
G

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If you've been fired or quit _prior_ to seeking employment with a competing company, then the non-compete agreement you signed isn't worth the 5 cents of paper its printed on. You are no longer employed by them, therefore, no longer under contract in any way. To me, the trick here is that if you are employed or laid-off employees are being paid severance ..
In Canada, it's much the same as michaelahess said .. most jurisdictions won't uphold employee-signed non compete agreemts... The agreements between two companies however are a lot more likely to be upheld by the courts which is probably with RIM is suing.
 
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