Capitalism’s A Bitch - Page 2

Uber_the_Goober · #51 06-28-2012, 05:51 PM

Quote:

Originally Posted by Really Not All That Bright

They're not usually unenforceable. They're just usually not fully enforceable. They are generally written more broadly than absolutely necessary, and courts will not enforce them to the extent that they're overbroad.

So...what I said, and what Darth Panda said.

Plus, employers often use them as a tool to dissuade you from going to the competition, even if they do not have the intention or ability to pursue the enforcement of one legally. That was the case with my former employer - he just wanted to keep his people from going to work for the one competitor he had in the area, because he knew the working conditions were better there. So he paid his people 10% more, and made them sign a non-compete. Then he proceeded to make our lives a living hell, since he thought he had us all locked down.

I still left, and went to the competitor, and missed out on a few bucks an hour. Overall it was worth it, given the improvement to my mental attitude after having left that hell-hole.

Really Not All That Bright · #52 06-28-2012, 06:49 PM

Unenforceable implies that they are entirely void. That's not the case.

Bag of Mostly Water · #53 06-28-2012, 10:41 PM

Thanks everyone for the comments. I needed to vent and just posting did make me feel a bit better. Everyone's comments made me feel much better.

The HR person who yelled at me tried calling me several times over two days. I felt no obligation to take the call. They finally assigned a new HR person. We did speak and were both polite and respectful. The new person asked me nicely if I would contact my new employer and ask for a few week delay in my start date. This would bring me to about week nine (of the 12 week project). As a carrot, they offered me part time work after I leave as my availability permits and the project requires. I also said that I would like to leave on good terms so I can use them as a reference.

I haven't heard back from my new employer about a start date. I suspect we'll be able to work something out and keep all three parties happy enough.

It's now clear that the project manager seriously underestimated the difficulty in finding someone to support the part project I was hired to do. My part is a tiny fraction of the overall project, but is critical as it's the user interface. The yelling was due to everyone's frustration with the poor planning. But, this doesn't excuse their unprofessional behavior. Given they had to assign a new HR person to work this out, I'm sure the person who yelled at me was reprimanded.

OtisCampbellWasRight · #54 06-29-2012, 07:15 AM

Good for you Mostly a Bag.

It has always amazed me how corporate rules that are seemingly cast in granite can be negotiated away if everyone keeps a clear head and acts like an adult professional. I once had an HR person tell me that "nothing is ever not fixable" during an exit interview. Six months later I came back to that same company at a 25% higher rate. And never, ever forget the value of the bennies. That vacation time and Healthcare is a huge bargaining chip if they lock you into a salary range. Be well and good luck.