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Non compete clause issues

Started by 73rallye440magnum, March 21, 2012, 08:58:14 PM

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Troy

I think it's goofy to have non-skilled employees sign a non-compete. You'll never see one at McDonald's - unless it's at a very high level. However, even non-skilled employees see and hear things. From the company standpoint, the person you don't want running to a competitor is the guy who just helped design your next big product or who knows the details of every business deal you have in the works. If you're an ethical employee and don't ever plan to do anything that might break the agreement then I don't see the issue with signing it. Some may seem unrealistic or over-the-top. In those cases either refuse (and lose the job) or sign and have a pretty good idea that it's unenforceable.

My employer will never see passwords to anything of mine - especially before I'm even hired! It's true that some companies are asking for Facebook and other social media account IDs (and some aren't asking but look them up) but I highly doubt any are asking for the login information. There are several reasons for this. Many times the position the person is applying for has to do with social media so the company wants to make sure the person actually knows what they are doing. In other cases, they want to see how you project yourself. I've heard some of the radio chatter and it's mostly a joke. It's a way to get people all riled up when they don't have the facts. Hmmm, sounds like politics.

Troy
Sarcasm detector, that's a real good invention.

73rallye440magnum

It does an exceptional job of getting people all riled up. It's different than signing one when your employment begins. He's been with the company for three years.
WTB- 68 or 69 project

Past- '73 Rallye U code, '69 Coronet 500 vert, '68 Roadrunner clone, XP29H8, XP29G8, XH29G0

Cooter

Bottom line is, we've (Society) never had to deal with youngin's posting EVERY FREAKIN' ASPECT of their lives including but not limited to, their job on some Bullsh*t Social Media website. You younger generation guys/gals use Facebook and Twitter like it's going out of style. Your Employer didn't just pull this sh*t out of thin air, it HAD to have happened so one Employer tried it then another and so on.

Just like having The Internet at work. There are those that WILL SIT THERE WHEN THEY ARE SUPPOSED TO BE WORKING and watch porn, surf Ebay, etc. I'm only allowed to do this on MY OWN TIME (because my job entails me to have to get the hell up from behind the computer and physically move).Yet, these are the FIRST ones hollaring when something like this comes up. How do we know the Employers aren't looking for times when your supposed to be working and are posting on Facebook/Twitter? These are problems Employers face today that wasn't even heard of just 10 short years ago. Nobody got in trouble for surfing porn at work 20 years ago. Today, they are dropping like flies, yet they still do it?! WTF? One would think after it became public knowledge that twenty five people lost their jobs due to surfing porn at work, you wouldn't have any more problems. NOPE...

If you have nothing to hide, then your Facebook/Twitter account and password shouldn't matter. Of course, if your one of those "Can't live without posting on one of them" types, then your gonna have a problem.

" I have spent thousands of dollars and countless hours researching what works and what doesn't and I'm willing to share"

Tilar

Facebook has warned that they will go after any employers in court if they continue this practice. It's really none of the employers business what anyone posts on facebook provided it doesn't slander the company or give out company secrets.
Dave  

God must love stupid people; He made so many.



Troy

Uh, your current employer doesn't need your permission, your Facebook ID, or your password to know if you're surfing the web instead of working (basically, if you're using their equipment/network they have all the information they need). Many companies have separate IT policies covering that. You can (and many times will) get fired for improper use of company equipment and time. Generally, the employer wants to weed these people out before they hire them. The same reason they'll want to avoid hiring a warehouse worker who takes a smoke break out behind the building every 45 minutes during their shift or someone who has a habit of carrying inventory home in their pockets.

The issue is asking you to disclose these things *before* you're hired. In that case, the employer is checking up on you to see if there's any red flags. In my opinion, most people put too much personal information (and opinions) out in the public eye. Things that can - and will - come back to bite them in the rear. That's why I caution people against posting certain things even on this site. Once it's written/visible on the internet it's forever. These days, many companies will Google you before you even show up to the interview.

Having said that... again, not every company will ask you for this stuff and most have a valid reason. They aren't asking the cleaning staff to disclose their Facebook accounts. :eyes:

Troy
Sarcasm detector, that's a real good invention.

Troy

Quote from: Tilar on March 26, 2012, 12:38:35 PM
Facebook has warned that they will go after any employers in court if they continue this practice. It's really none of the employers business what anyone posts on facebook provided it doesn't slander the company or give out company secrets.
Which practice? If it's "public" then it's fair game. You guys wouldn't believe the amount of effort companies put into screening the internet for their name. I believe there are some cases where an employer has had an officer of the company "friend" candidates so they have access to the "private" postings - in which case there is a valid complaint. It is deceptive and immoral - but not technically illegal (as far as I know) -  since the candidate gave them access.

The primary lesson here is to not post stuff that can have repercussions where it's visible by anyone and everyone. On the other hand, do you seriously trust Facebook, YouTube, Google, etc. to safeguard your information? If you do something dumb it is NOT Facebook's fault if you get caught. Personal responsibility is extinct...

Troy
Sarcasm detector, that's a real good invention.

Tilar

Quote from: Troy on March 26, 2012, 12:47:42 PM
Quote from: Tilar on March 26, 2012, 12:38:35 PM
Facebook has warned that they will go after any employers in court if they continue this practice. It's really none of the employers business what anyone posts on facebook provided it doesn't slander the company or give out company secrets.
Which practice? If it's "public" then it's fair game. You guys wouldn't believe the amount of effort companies put into screening the internet for their name.
Troy


The practice of companies asking for your Facebook ID and password and making it a requirement for hiring. That is NOT public nor is it fair game.
Dave  

God must love stupid people; He made so many.



Troy

Quote from: Tilar on March 27, 2012, 02:08:19 PM
Quote from: Troy on March 26, 2012, 12:47:42 PM
Quote from: Tilar on March 26, 2012, 12:38:35 PM
Facebook has warned that they will go after any employers in court if they continue this practice. It's really none of the employers business what anyone posts on facebook provided it doesn't slander the company or give out company secrets.
Which practice? If it's "public" then it's fair game. You guys wouldn't believe the amount of effort companies put into screening the internet for their name.
Troy


The practice of companies asking for your Facebook ID and password and making it a requirement for hiring. That is NOT public nor is it fair game.
Agreed. I was just trying to clarify exactly which topic (of the many in this thread) you were referring to. Is this really a widespread issue? Is it documented?

I dug into it a little (since we've been interviewing for a year and never heard of it) and found this:
QuoteThe only confirmed cases of such hiring harassment have occurred at government departments, such as local law enforcement agencies.
http://www.foxnews.com/scitech/2012/03/27/youve-got-to-fight-for-your-right-to-facebook/#ixzz1qLqOWaQQ

And this:
QuoteAsking for a candidate's password is more prevalent among public agencies, especially those seeking to fill law enforcement positions such as police officers or 911 dispatchers.
http://www.foxnews.com/scitech/2012/03/23/facebook-forbids-employers-from-asking-job-seekers-for-passwords/#ixzz1qLrLLZFp

So, um, we're blaming companies when it's the government all along. ;)

Troy
Sarcasm detector, that's a real good invention.

bill440rt

Quote from: Tilar on March 27, 2012, 02:08:19 PM
Quote from: Troy on March 26, 2012, 12:47:42 PM
Quote from: Tilar on March 26, 2012, 12:38:35 PM
Facebook has warned that they will go after any employers in court if they continue this practice. It's really none of the employers business what anyone posts on facebook provided it doesn't slander the company or give out company secrets.
Which practice? If it's "public" then it's fair game. You guys wouldn't believe the amount of effort companies put into screening the internet for their name.
Troy


The practice of companies asking for your Facebook ID and password and making it a requirement for hiring. That is NOT public nor is it fair game.


That's exactly what I was talking about. This wasn't geared toward existing workers, this was aimed at new prospective employees.
Latest hot topic on some of the talk radio stations around here. Callers calling in as well CONFIRMING this, who went thru recent job interviews with questions directly on the job application asking them for their ID as well as their PASSWORD. Not just mom-n-pop companies, but some big names were mentioned as well. If they did not provide the information, they were not hired.
"Strive for perfection in everything. Take the best that exists and make it better. If it doesn't exist, create it. Accept nothing nearly right or good enough." Sir Henry Rolls Royce

Tilar

Quote from: Troy on March 27, 2012, 03:34:05 PM

So, um, we're blaming companies when it's the government all along. ;)

Troy


Which is cool because anybody that knows me knows how much I love blaming our government for the crap they pull.  :2thumbs:  Especially the current administration   :smilielol:
Dave  

God must love stupid people; He made so many.



resq302

so whats to say you dont delete your facebook or whatever account prior to employment and then reopen a new one after you are hired?
Brian
1969 Dodge Charger (factory 4 speed, H code 383 engine,  AACA Senior winner, 2008 Concours d'Elegance participant, 2009 Concours d'Elegance award winner)
1970 Challenger Convert. factory #'s matching red inter. w/ white body.  318 car built 9/28/69 (AACA Senior winner)
1969 Plymough GTX convertible - original sheet metal, #'s matching drivetrain, T3 Honey Bronze, 1 of 701 produced, 1 of 362 with 440 4 bbl - auto

73rallye440magnum

What I don't like about Facebook is... just about everything. A lot of people are too obsessed with it and a little too open about pictures and personal information.
WTB- 68 or 69 project

Past- '73 Rallye U code, '69 Coronet 500 vert, '68 Roadrunner clone, XP29H8, XP29G8, XH29G0