Noncompete Clauses for Fast Food Workers?

[kpete]

Noncompete Clauses for Fast Food Workers?
[ 32 ] October 14, 2014 | Erik Loomis
Even by the standards of the fast food industry, this is a gratuitous way to treat workers:

If you’re considering working at a Jimmy John’s sandwich shop, you may want to read the fine print on your job application.

A Jimmy John’s employment agreement provided to The Huffington Post includes a “non-competition” clause that’s surprising in its breadth. Noncompete agreements are typically reserved for managers or employees who could clearly exploit a business’s inside information by jumping to a competitor. But at Jimmy John’s, the agreement apparently applies to low-wage sandwich makers and delivery drivers, too.

By signing the covenant, the worker agrees not to work at one of the sandwich chain’s competitors for a period of two years following employment at Jimmy John’s. But the company’s definition of a “competitor” goes far beyond the Subways and Potbellys of the world. It encompasses any business that’s near a Jimmy John’s location and that derives a mere 10 percent of its revenue from sandwiches.

Since there are obviously no trade secrets at stake here, this is clearly just punching employees. Let’s take the one thing we have trained this low-skill, low-wage workers at and make sure she can’t use it if she leaves it at one of our equally low-skill, low-wage competitors!


http://www.lawyersgunsmoneyblog.com/2014/10/noncompete-clauses-fast-food-workers
http://www.huffingtonpost.com/2014/10/13/jimmy-johns-non-compete_n_5978180.html?1413230622

[NightWatcher]

1. It's an unenforceable scare tactic to keep people from quitting

What are JJ going to do, sue a person who makes minimum wage?

It's a scare tactic and nothing more.

[NYC_SKP]

2. Thank you SO much for including an alternative link. Huffington Post locks up my computer.

I swear I picked up a Mackeeper virus from them.

Indeed, this noncompete clause is a scare tactic.

It might make sense for management personnel, who would have some inside info about vendors and procedures, but for the minimum wage worker, it's just intimidation.

I wonder how common it is to hire undocumented folks and screw them and use similar threats.

I think it's a problem of epidemic proportion.

[get the red out]

3. This is crazy!

The law should never allow businesses to basically control people's lives to any extent when they have left the job. Disgusting!

[TexasMommaWithAHat]

4. This!

My husband works in an industry that almost always requires a non-compete clause for one year after leaving. We could lose everything (which isn't much) if we had to hire an attorney and go to court.

But a fast food company? First off, I just don't see how that could ever hold up in court, and, second, minimum wage workers don't have enough to hire an attorney! Most have nothing to lose!

This is just insanity, and one more turn of the screw at the poor.

[RadiationTherapy]

5. It goes right along with their "Difference between a successful/unsuccessful person*" propaganda

and "god bless america" decor. I am glad I picked up on the clues and ditched them early on.

* Metal placard on the wall - official JJ decor based on its copyright, etc. - "The ONLY difference between a SUCCESSFUL person and an UNSUCCESSFUL one is HARD WORK" (emphasis theirs). As someone with two family members struck down by tumors and living disabled, I am sick and tired of this bullshit. Fuck Jimmy Johns.

[Basic LA]

6. Employees

In the language dept., I wonder if we'd be better united as Employees, rather than labels from previous centuries such as Workers, Labor, & Proletarians. We are a nation of Employees, after all, & that's how we self-identify. Wish it would catch on.

[belzabubba333]

7. why they arent illegal is a wonder. you no longer work for an employer that they can

still dictate stuff to you is ridiculous

[countryjake]

8. kickety

[KamaAina]

9. Earlier thread here

http://www.democraticunderground.com/10025661457

Figures. Jimmy John's isn't out here on the Left Coast (Togo's would eat their lunch, so to speak ), so I can't boycott them.

[Gothmog]

10. Non competes are not appropriate for these workers

[closeupready]

11. If someone got sued, I'd like to see them sue JJ right back.

Not sure how the countersuit would be framed, or on exactly what basis, but it would be fun to see how it unfolded.

[littlewolf]

12. I can understand non compete is some areas:

if you are IT and working on a new operating system or browser or something.
if you are in broadcasting and if you leave you can not compete in the same market. (this is common)
but fast food - crazy and stupid.

[badtoworse]

13. This is over the top and totally inappropriate.

And BTW, there's nothing special that I could see on their menu. I guess I'll be sticking with Jersey Mike's