Lawsuit Filed Against Apple and Other Tech Companies Over Anti-Poaching Agreements

Good

This certainly sounds as if it has merit. It's a blatant circumvention of the "free market" that many politicians, voters, and businessmen openly and frequently support. Now let's see how many of them actually believe in the "free market" by supporting this suit. Or will they oppose this suit and expose themselves as actually being "pro business" and anti worker. It's funny how many forget that "free market" should apply to all portions of the economy, including the workers.

I find this outrageous... If you value an employee than make it worth for him to stay in your company... These companies make BILLIONS in revenue... Pay the people who make your revenues what they deserve!

Just because they agree not to poach (they won't headhunt a specific person), they can advertise freely what ever salary for a position, who ever wants can apply, and resign from their current job.

The details aren't clear, but if they ignore job applications from anyone currently working in one of the other companies in the agreement, that would be a major disadvantage for those employees.

Is there something in this, or is it just a case of a resentful ex-employee?

Just because they agree not to poach (they won't headhunt a specific person), they can advertise freely what ever salary for a position, who ever wants can apply, and resign from their current job.

Agreeing not to go after each other's top talent is a crime known as collusion, and more broadly it is the beginning stages of a trust. The competitive element of the market is completely destroyed if demand is being artificially suppressed.

There def is some merit to this argument but there could be a no compete claus. If that's the case then this lawsuit seems very valid. Probably wont amount to much however

Non-compete clauses are very tightly restricted in California. They only allow for trade secret protection and sensitive document protection. Thus, a former Pixar employee could not reveal to Lucasfilms what their next big project is, but he would be perfectly free to leave Pixar for Lucasfilms.

The DOJ already ruled this and the parties involved settled... At least these companies have that for their defense.
I agree that such agreement or practice goes against employees but how you can prove that you got affected and lost money or better employment???

well.. time will tell..:(

The Federal government settled a criminal prosecution. This is a civil lawsuit on the part of the injured employees.

I haven't taken a look at the full lawsuit yet, but I suspect that the plaintiffs are trying to make use of the Sherman Anti-Trust which allows for triple damages by default.

Knee-jerk anti-labor response.
It takes 2 sides to create a job offer, and if companies can't let workers know a job exists, then the worker is cut off at the knees.
Reminds me of the argument that unions aren't necessary because I have sufficient bargaining power as an individual against a billion dollar corporation.
Absurd.

Very good point.

As for the posters getting worked up about the dollars at stake here, the amount of money is not the issue here. Seriously. The issue is opportunity.

It's one thing to accept a job and sign a contract with a no-compete clause. In that case, the employee is going into the situation fully aware, and usually the salary reflects that exclusivity.

It's another situation entirely if you get a job with Company A and afterward discover that your employment with Company A puts you on a blacklist for companies B, C, D, E and F — at least some of which you'd prefer to work for — for reasons that have nothing to do with your competency.

These companies could fix this situation simply by negotiating with current employees to add no-compete clauses that detail specific companies or types of companies. In return for the stability that the employers desire, the companies should have to include extra pay or perks for the workers to give up their right to seek employment elsewhere within a certain period of time. They could then make such clauses standard for new hires.


Edit: This is said with the presumption that this situation isn't limited to just wine-and-dine, come-work-for-us recruiting but also extends to exclude prospective job candidates who currently work for specific companies but are seeking new employment.

As someone from one of the purported companies that agreed to this, you can rest assured I am very much unhappy with this arrangement and it needs to be quashed - permanently.

Let's say I want to work for Apple - well, maybe they won't contact me, or they'll send my CV that I send to them to the shredder without reading it through. All because of where I work now.

Bluntly speaking - that's crap.

What junk! People will sue over anything these days.

Personally, I think the anti-poaching is good. If someone wants to look for a job with another... fine, but for each to be trying to steal the others best talent is defocusing and a waste.

If thats as far as their agreement goes fine, but it seems that agreements like these might make it a lot harder for workers to look outside their company without receiving unwanted attention from the company they are already employed by.

It sounds iffy legal behavior and I'm not opposed to it being shot down.

Is there something in this, or is it just a case of a resentful ex-employee?

Just because they agree not to poach (they won't headhunt a specific person), they can advertise freely what ever salary for a position, who ever wants can apply, and resign from their current job.

There def is some merit to this argument but there could be a no compete claus. If that's the case then this lawsuit seems very valid. Probably wont amount to much however

If I was an Apple employee, I would be pissed to know the company that pays me for my skills, and is supposed to watch out for me to some extent, is really only screwing me by holding me hostage without my knowledge to other prominent employers I might be interested in advancing my career to. Way to go Apple.

On the other hand, if this was a labor union working to prevent competition from non-union workers, the government would be tripping over itself to lend aid.

What's good for the goose should be good for the gander.

Meh. I guess the gander in your analogy is a guy making a six or seven figure salary. While the goose is a $12/hour laborer.

Somehow, I'm not sure those people have equivalent issues.