zlacker

[parent] [thread] 5 comments
1. vgathe+(OP)[view] [source] 2023-11-18 12:20:48
> I feel like the solution is to force the company to pay full TC (average of previous years + inflation or something?) for the duration of the noncompete.

It absolutely has to be something like this at a bare minimum. The whole "We pay full base" argument is nonsense when the TC is multiples of base.

replies(2): >>lordna+d3 >>michae+wY
2. lordna+d3[view] [source] 2023-11-18 12:43:01
>>vgathe+(OP)
But bonus depends on how the team did plus individual perf... politics.

How do you establish what the person would have gotten paid?

replies(2): >>snovv_+gC >>eszed+AD
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3. snovv_+gC[view] [source] [discussion] 2023-11-18 16:13:39
>>lordna+d3
Take the average over the last years? If the employer doesn't want to pay that then the employee can always go work for a competitor, right?
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4. eszed+AD[view] [source] [discussion] 2023-11-18 16:20:56
>>lordna+d3
That's why he suggested "average of preceding years". Maybe you allow companies to appeal to reduce the amount based on a decline in profits leading to reduced bonuses for employees on identical schemes, but... Meh. If they want to use non-compete clauses I think they should bear that risk. It will make companies think hard about on whom they should impose them, which in my opinion is the point of creating restrictions.
replies(1): >>stephe+et1
5. michae+wY[view] [source] 2023-11-18 18:09:04
>>vgathe+(OP)
Even this doesn't work because its often the case that an employee leaves for a higher salary elsewhere. Instead of trying to add epicycles to a stupid system it makes more sense to shit can it. There are about 338 million people who would benefit whereas the people who truly have anything to gain from such a system could all attend an event together.
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6. stephe+et1[view] [source] [discussion] 2023-11-18 20:59:42
>>eszed+AD
Right. They can always release them from the noncompete if they find it onerous.
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