Apple's new Sr. VP in charge of iPod ordered to stop working by judge....

[OWC Jamie]

Judge orders IBM Exec to stop working for Apple immediately

[space-time]

so did he agreed to this when he signed up with IBM?

I would never agree to this if I were looking for a new job, unless it was specified in the contract that I would also get 1 years pay.

[rgG]

I've had to sign a non-compete contract before, as a condition of employment. However, since Georgia is a right to work state, it really wasn't worth the paper it was printed on.

[karsen]

rgG wrote:
I've had to sign a non-compete contract before, as a condition of employment. However, since Georgia is a right to work state, it really wasn't worth the paper it was printed on.

That's interesting. I've signed a couple in my day too, one with Apple in fact. I never considered how living in a right to work state affected the contract.

[rgG]

karsen wrote:
[quote=rgG]
I've had to sign a non-compete contract before, as a condition of employment. However, since Georgia is a right to work state, it really wasn't worth the paper it was printed on.

That's interesting. I've signed a couple in my day too, one with Apple in fact. I never considered how living in a right to work state affected the contract.
This was quite a while ago, so things may have changed now, but that is what I was told back then.

Edit: I found this:

In many instances, the non-compete agreement is contained as a section or clause in the larger employment contract. State laws will often come into play in determining what types of provisions may be legally included. For instance, in a right to work state, a former employee could not be prevented from going to work for a competitor, although the former employee would be open to litigation if he or she contacted customers of the corporation for the purpose of luring their business away.

[Doc]

'Too bad the case was brought in NY.

http://en.wikipedia.org/wiki/Non-compete...California

[Article Accelerator]

An opinion:

(see final posting)

[OWC Jamie]

That post is excellent. Question is, how long will this go on in court.

[davester]

Would this mean that if IBM loses their suit they'll have to pay Papermeister's compensation during his court-ordered "you must not work for apple" period?

[macphanatic]

Apple may very well counter in a California court. A NY based non-compete will probably not be recognized in California. By IBM's definition, Papermeister wouldn't be allowed to work for any electronics company. This may be cause for the non-compete to be tossed. For someone with his background, it would be hard for him to get any work in his field. The other question is what was he offered in exchange for the non-compete. Non-competes that are signed as part of the terms of employment are one thing, but if he signed it after being an employee, IBM had to tie something tangible as compensation for signing the non-compete. This would include a bonus or other compensation tied to the signing of the agreement. This is one of the major reasons that non-competes are tossed from what an employment practices lawyer told me.