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Employee Poaching
Employee poaching is an informal term for the practice of offering employment to a worker who is currently employed under another employer in a similar field. The practice of hiring an employee in this way is a protected legal right in the United States, but can prompt accusations from the original employer for unrelated breaches of trust, such as violating non-compete agreements, or stealing trade secrets. Employee poaching for the purposes of stealing trade secrets is illegal. Ethical and legal dilemmas over employee poaching arise from the conflict of interests between an employee's right to free access to the labour market, and an employer's right to protect knowledge and skills which it regards as company property. Employers may attempt to prevent "employee poaching" by inserting non-compete clauses into employment contracts. However, beginning in 2024 within the United States, the FTC has enacted a broad federal ban on non-compete clauses, rendering them unenforceable outs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non-compete Clause
In contract law, a non-compete clause (often NCC), restrictive covenant, or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer). In the labor market, these agreements prevent workers from freely moving across employers, and weaken the bargaining leverage of workers. Non-compete agreements are rooted in the medieval system of apprenticeship whereby an older master craftsman took on a younger apprentice, trained the apprentice, and in some cases entered into an agreement whereby the apprentice could not compete with the master after the apprenticeship. Modern uses of non-compete agreements are generally premised on preventing high-skilled workers from transferring trade secrets or a customer list from one firm to a competing firm, thus giving the competing firm a competitive advantage. However, many non-compete clauses apply t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Trade Commission
The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) United States antitrust law, antitrust law and the promotion of consumer protection. It shares jurisdiction over federal civil antitrust law enforcement with the United States Department of Justice Antitrust Division, Department of Justice Antitrust Division. The agency is headquartered in the Federal Trade Commission Building in Washington, DC. The FTC was established in 1914 by the Federal Trade Commission Act of 1914, Federal Trade Commission Act, which was passed in response to the 19th-century monopolistic trust crisis. Since its inception, the FTC has enforced the provisions of the Clayton Antitrust Act of 1914, Clayton Act, a key U.S. antitrust statute, as well as the provisions of the FTC Act, et seq. Over time, the FTC has been delegated with the enforcement of additional business regulation statutes and has promul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antipoaching
Antipoaching (or no-poach agreement) is an anti-competitive conduct where companies conspire not to hire each other's employees. Antipoaching agreements, or no-poach agreements, are related to non-compete clauses, but distinct -- no-poach agreements are among employers, non-compete clauses are between employer and company. In the United States, antipoaching agreements have been widespread among franchise businesses: Research has found that 58 percent of major franchisors' contracts in 2016, including those of McDonald's, Burger King, Jiffy Lube, and H&R Block, contained agreements not to hire the workers of other franchisees. Some franchisors have since stated that they would drop those agreements. Antipoaching agreements may be illegal under U.S. antitrust law in some circumstances.Antitrust Division, U.S. Dept. of Justice"No-poach approach,"Spring 2019. Allegations about such agreements among major high-tech companies, including Apple and Google, were the basis of the High-Te ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Secrets
A trade secret is a form of intellectual property (IP) comprising confidential information that is not generally known or readily ascertainable, derives economic value from its secrecy, and is protected by reasonable efforts to maintain its confidentiality. Well-known examples include the Coca-Cola formula and the recipe for Kentucky Fried Chicken. Unlike other forms of IP, trade secrets do not require formal registration and can be protected indefinitely, as long as they remain undisclosed. Instead, non-disclosure agreements (NDAs), among other measures, are commonly used to keep the information secret. Like other IP assets, trade secrets may be sold or licensed. Unauthorized acquisition, use, or disclosure of a trade secret by others in a manner contrary to honest commercial practices is considered misappropriation of the trade secret. If trade secret misappropriation happens, the trade secret holder can seek various legal remedies. Definition The precise definition ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Competition
Anti-competitive practices are business or government practices that prevent or reduce competition in a market. Antitrust laws ensure businesses do not engage in competitive practices that harm other, usually smaller, businesses or consumers. These laws are formed to promote healthy competition within a free market by limiting the abuse of monopoly power. Competition allows companies to compete in order for products and services to improve; promote innovation; and provide more choices for consumers. In order to obtain greater profits, some large enterprises take advantage of market power to hinder survival of new entrants. Anti-competitive behavior can undermine the efficiency and fairness of the market, leaving consumers with little choice to obtain a reasonable quality of service. Anti-competitive behavior refers to actions taken by a business or organization to limit, restrict or eliminate competition in a market, usually in order to gain an unfair advantage or dominate the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Union Raid
A union raid is when a challenger or outsider union tries to take over the membership base of an existing incumbent union, typically through a union raid election in the United States and Canada. Union raids have been criticized by the labor movement because they promote rivalry between unions and direct resources away from organizing the non-unionized workforce in the United States and Canada, a majority of the total workforce. History Raids can be informal through campaigning and or soliciting an incumbent union's members or more direct by an outsider union calling for a decertification election in a bid to take over an incumbent union's membership. Between 1975 and 1989 over 1,414 multi-union raid elections were documented by the NLRB in the United States. In Canada, official data on scale and success of union raids is limited to the Federal government and the province of British Columbia. A research study on Ontario, Canada's most populous province, found 1,046 multi-union ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ethically Disputed Working Conditions
Ethics is the philosophical study of moral phenomena. Also called moral philosophy, it investigates normative questions about what people ought to do or which behavior is morally right. Its main branches include normative ethics, applied ethics, and metaethics. Normative ethics aims to find general principles that govern how people should act. Applied ethics examines concrete ethical problems in real-life situations, such as abortion, treatment of animals, and business practices. Metaethics explores the underlying assumptions and concepts of ethics. It asks whether there are objective moral facts, how moral knowledge is possible, and how moral judgments motivate people. Influential normative theories are consequentialism, deontology, and virtue ethics. According to consequentialists, an act is right if it leads to the best consequences. Deontologists focus on acts themselves, saying that they must adhere to duties, like telling the truth and keeping promises. Virtue ethics see ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
