this post was submitted on 25 Apr 2024
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US game devs celebrate as non-compete clauses, previously deemed 'a trash way to keep the talent', face a ban from the FTC—which would free up movement across the AAA industry (www.pcgamer.com)
submitted 6 months ago by [email protected] to c/[email protected]
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[–] [email protected] 4 points 6 months ago (1 children)

The argument I did make is the non-competes were never there to "retain talent.

Then why were they there?

[–] [email protected] -3 points 6 months ago (2 children)

To prevent people from being paid by multiple companies at the same time, which is a thing only execs do...

[–] [email protected] 3 points 6 months ago

A non-compete is, in essence, a clause that dictates whether a worker can find employment (or create a product) that directly competes with their employer—even if they aren't working for them anymore. Typically, these will last around six months to a year after the end of employment, but they can last longer.

Six months to a year after employment is hardly "at the same time."

[–] [email protected] 4 points 6 months ago (1 children)

I think you may be misinformed as to what a non-compete agreement is. For example, when I worked for leaf filter, I had to sign a non-compete agreement that stated I couldn't/wouldn't work in the gutter protection industry for 6-12 months after leaving their company. Was it too broad to enforce and just their to keep anybody with a working brain from taking their service and providing it for cheaper? Yes. Did it work, effectively driving down competition and allowing them to effectively pigeonhole the US market? Also yes.

[–] [email protected] -3 points 6 months ago* (last edited 6 months ago)

Depending on which employer you move to, you can still be sued regardless of non-competes, happens all the time where non-competes don't exist (California). You can still receive a cease and desist depending on what you have worked on and where you are working now based on the IP regulations and non-disclosures, so this does nothing (and nobody in the industry is actually celebrating this except a few executives where the was enforceable).

I've signed dozens of these contracts, I know how they affect people, I know what they mean and how they are used.