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Robin Garr

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Jimmy John's taking heat over employment practice

by Robin Garr » Tue Oct 14, 2014 10:33 am

Dang, I posted this on the Facebook page earlier, where it's blowing up, but got in a hurry for coffee and forgot to put it here. A fascinating, somewhat NSFW (hey, it's Jezebel's Kitchenette) analysis of Jimmy John's corporat policy of saddling their mostly young, underpaid army of servers with an outlandish non-compete clause more suitable for top executives.

Jimmy John's Non-Compete Agreements Are Utterly Psychotic
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RonnieD

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Re: Jimmy John's taking heat over employment practice

by RonnieD » Tue Oct 14, 2014 11:05 am

Uh-oh. I think I've hired a few recently employed by JJ folks! What an absurd policy!
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Robin Garr

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Re: Jimmy John's taking heat over employment practice

by Robin Garr » Tue Oct 14, 2014 12:17 pm

RonnieD wrote:Uh-oh. I think I've hired a few recently employed by JJ folks! What an absurd policy!

Yeah, yeah, but did you make 'em sign a non-compete? :lol:
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Steve H

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Re: Jimmy John's taking heat over employment practice

by Steve H » Tue Oct 14, 2014 1:13 pm

I don't disagree that non compete arrangements can be abused. I know a copier repair tech who was fired from a local privately owned business so he could be replaced by someone cheaper. He couldn't take another job, because his former employer would threaten to sue the hiring company for interference. This just shows that it doesn't have to be a national corporate chain to abuse them.

In the case of Jimmy John's, it's not clear that all employees are required to sign one. The two examples given at HuffPo were a Manager and an Assistant Manager/Delivery Driver. It would not surprise me that regular hourly employees are not required to sign and this is just a way for the lawyers suing Jimmy John's to ratchet up the pressure.

All that said, the surest way to stop employer abuses is an abundance of other jobs. That's why we need to support policies that support real private sector job growth.
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Adam Robinson

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Re: Jimmy John's taking heat over employment practice

by Adam Robinson » Tue Oct 14, 2014 8:54 pm

The great thing about non-competes is they rarely stand up to a court challenge (though they do moreso here than in more liberal areas). The bad part is that it costs a lot of money to do a court challenge.

But, seriously, if anyone ever pulls a non-compete on you, sue the fark out of them and make their life hell. It sets good precedent. I'm firmly convinced only badly run businesses use non-competes. For those who run good businesses, non-disclosure requirements are not a bad thing, though, and accomplish the good part of what non-competes are "supposed to do."

Also, after everything I've learned about Jimmy Johns over the last few years, I haven't visited them since, and I used to go weekly (if not daily) in college. Can't support that awful organization. :/
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Jeffrey D.

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Re: Jimmy John's taking heat over employment practice

by Jeffrey D. » Sat Oct 18, 2014 2:06 pm

Steve H wrote:I don't disagree that non compete arrangements can be abused. I know a copier repair tech who was fired from a local privately owned business so he could be replaced by someone cheaper. He couldn't take another job, because his former employer would threaten to sue the hiring company for interference.


Steve, this makes no sense. There can be no interference in hiring an already fired worker. There is more to this story than your friend is telling you.
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Steve H

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Re: Jimmy John's taking heat over employment practice

by Steve H » Sun Oct 19, 2014 11:49 am

Jeffrey D. wrote:Steve, this makes no sense. There can be no interference in hiring an already fired worker. There is more to this story than your friend is telling you.


I am not a lawyer, but....

My understanding is that it was being construed as tortious interference with regards to the non-compete contract. Just the threat was enough to cause potential employers to withdraw their consideration.
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Re: Jimmy John's taking heat over employment practice

by Carla G » Mon Oct 20, 2014 7:24 am

Jeffrey D. wrote:
Steve H wrote:I don't disagree that non compete arrangements can be abused. I know a copier repair tech who was fired from a local privately owned business so he could be replaced by someone cheaper. He couldn't take another job, because his former employer would threaten to sue the hiring company for interference.


Steve, this makes no sense. There can be no interference in hiring an already fired worker. There is more to this story than your friend is telling you.


I have seen this happen in other fields. Depends on why the employee was fired. Here in KY we have a "no fault fire" situation so an employee can be let go for nearly any reason not necessarily for lack of skills. I have seen great, skilled employees let go over some minor ego issues with management only to see that same management have kittens when the employee takes their honed skills elsewhere. I bet this happens with chefs constantly. I KNOW this happens in advertising. 8)
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