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Georgia looking to strengthen Non-Competes

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walter biscardi
Georgia looking to strengthen Non-Competes
on Oct 26, 2010 at 12:13:26 pm

We've had a lot of discussions on this forum about the validity of Non-Compete clauses and how they are generally un-enforceable unless the previous employer wants to keep paying your salary to keep you out of the particular industry / job.

Georgia has an Amendment 1 proposal on the ballot next Tuesday that will give the Legislature the ability to strengthen Non Competes here in the state under the guise of "making Georgia more economically competitive." In reading the proposal, in reality it appears Georgia is preparing to bring a much broader definition of what a "non-compete" can include in the Georgia Constitution. In part the change will allow a judge to edit non-compete agreements to make them more constitutional.

All in all, it sounds like Georgia wants to give employers much more control over former employees, make sure the contracts will hold up in Georgia court and allow a judge to alter the contract if necessary to make the contract stick. Interesting times.

http://www.ajc.com/news/georgia-politics-elections/amendment-on-ballot-woul...

Walter Biscardi, Jr.
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Mark Suszko
Re: Georgia looking to strengthen Non-Competes
on Oct 26, 2010 at 1:49:53 pm

It is usually instructive to find out who is backing the proposaed change and why. I don't know enough about Georgia to make a good guess. But I'd bet it wasn't some video production outfit behind this. More likely some really big law firm, or a software company with some big contracts? A military/government contractor? If Georgia has reporting requirements for contributions to lawmakers, you can look up who's suddenly donating to the sponsor of the bill and draw some conclusions.


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Gary Hazen
Re: Georgia looking to strengthen Non-Competes
on Oct 26, 2010 at 2:16:05 pm

Coke is trying to keep their employees from drinking Pepsi.


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Mark Suszko
Re: Georgia looking to strengthen Non-Competes
on Oct 26, 2010 at 2:35:22 pm

It could be Coke trying to keep workers from working for rivals: Coke owns a HECK of a lot of brands these days. It could be the poultry producers, trying to prevent competition, wiki says Georgia is big in poultry. You have military contractors aplenty there. All possible suspects. I'm probably missing some other obvious ones.


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Nick Griffin
Re: Georgia looking to strengthen Non-Competes
on Oct 26, 2010 at 2:48:03 pm

Or it could be the one that's pronounced the same as Coke -- Koch Industries. They're just a tad politically active (funding many Tea Party activities and candidates) and a few years back bought Georgia Pacific.

What's the line? "Just because you're paranoid doesn't mean they aren't out to get you."


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Doug Collins
Re: Georgia looking to strengthen Non-Competes
on Oct 26, 2010 at 2:45:32 pm

I would like to see just how they plan on "making Georgia more economically competitive." While restricting how many people can compete.

Doug


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Alan Lloyd
Re: Georgia looking to strengthen Non-Competes
on Oct 26, 2010 at 3:14:06 pm

[Doug Collins] "I would like to see just how they plan on "making Georgia more economically competitive." While restricting how many people can compete."

Classic corporate doublespeak, derived from classic corporate doublethink.

Is anyone even surprised any longer?


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walter biscardi
Re: Georgia looking to strengthen Non-Competes
on Oct 26, 2010 at 7:06:04 pm

[Alan Lloyd] "Classic corporate doublespeak, derived from classic corporate doublethink.

Is anyone even surprised any longer?"


I'm certainly not with the tone of everything politics these days. This amendment is 100% slanted towards business and away from individuals. With the freelance nature of our industry this could really put a crimp on a person's ability to get a job in the area.

Walter Biscardi, Jr.
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John Davidson
Re: Georgia looking to strengthen Non-Competes
on Oct 26, 2010 at 9:15:17 pm

Welcome to GA. Just another reason why I left. If I were a guessing man, I'd say a few key businesses were planning some major layoffs and don't want former employees creating startups that could compete. If this passes, people that get dumped won't have the ability to feed themselves with their own knowledge. But don't worry, the major news will be another ban on gay marriage, or some ridiculous drug-war.

In two years there will be another insane drought, and there will be only one company to bid on the incredible sewage/water upgrades Atlanta desperately needs. There would have been more bids, but thanks to this non-compete upgrade, that won't happen. I bet it'll cost taxpayers cool billion.


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walter biscardi
Re: Georgia looking to strengthen Non-Competes
on Oct 26, 2010 at 9:17:27 pm

[John Davidson] "There would have been more bids, but thanks to this non-compete upgrade, that won't happen. I bet it'll cost taxpayers cool billion."

Here in Gwinnett County it cost about $65 million for a non-compete construction contract on a new baseball stadium we didn't need. $19 million came from the county "emergency fund" and the county them promptly laid off dozens of people to make up for the shortfall.

But now we don't have to drive 45 minutes to pay too much for hot dogs, beer and soda. Well, at least the 5 months out of the year there's actually baseball there, the rest of the time we get a nice view of an empty baseball stadium on the side of GA 20.

Walter Biscardi, Jr.
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John Davidson
Re: Georgia looking to strengthen Non-Competes
on Oct 26, 2010 at 11:11:22 pm

Did you hear about about the 600 million dollar high school Koreatown just got? Here in LA, we laugh at your modest corruption.


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John Grote, Jr.
Re: Georgia looking to strengthen Non-Competes
on Nov 2, 2010 at 1:43:02 am

Wow Walter,

Glad I don't work in good ole Georgia. Bad enough I had a clueless company in Baltimore try to enforce their will against me when I left. The bs non-compete that I had signed, had no time restriction, no radius and had trade secrets. (Trade secrets, hell I'm an editor for heaven sakes, not chemist or know the 11 herbs and spices for KFC.) What a laugh I got when my lawyer so go ahead try it. Just because the company I went to at one time made a pitch to Under Armour, they thought this would be cause enough to enforce their non-compete. Hell if that was the case then for the most part I'd be out of work. Why? Because, I figure any agency or facility has at least taken a shot at a big account here or there, even if it was just a pitch.

This to me is slave labor or indentured indentured servitude. I was an editor, not a partner, I had no trade secrets and the skills I have I brought with me, and they sure in the hell didn't provide me with any other training to further my skills.

Cheers,

John

J. Grote, Jr.


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walter biscardi
Re: Georgia Strengthens Non-Compete Contracts
on Nov 3, 2010 at 1:23:31 pm

Amendment 1 passed overwhelmingly last night here in Georgia. Employees just voted to completely screw themselves as Non-Compete Contract disputes will now be in favor of the Employer AND a judge will have the right to adjust the contract to make it more constitutionally correct.

In other words, Non Compete Contract provisions in Georgia will actually keep you from gaining employment in this state. Time will tell how ambiguous the contracts can be, but as of right now, The People Have Spoken. They want to be restricted from working.

Walter Biscardi, Jr.
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Biscardi Creative Media

"Foul Water, Fiery Serpent" Winner, Best Documentary, LA Reel Film Festival...

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