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Apple , Google and Intel face anti trust lawsuit
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bobbdobbs
I haven't seen my friends in so long
Joined: Thu Apr 23, 2009 7:10 pm Posts: 5490 Location: just behind you!
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INDUSTRY GIANTS Apple, Google and Intel face an antitrust lawsuit after a judge ruled that they illegally conspired not to hire each other's employees. clickylooks a pretty open and shut case there if those reported emails exists.
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Thu Apr 19, 2012 7:31 pm |
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jonbwfc
What's a life?
Joined: Thu Apr 23, 2009 7:26 pm Posts: 17040
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I've seen (hell I've been subject to) 'gardening leave' clauses in contracts before now. However I would find this reprehensible if the employees didn't know about it. One thing that, to me, would important would be whether it was a 'no hire' policy on people who had left one of the three, or if it was a 'no poaching' between them. The former is, IMO, more damaging.
Jon
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Thu Apr 19, 2012 9:01 pm |
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l3v1ck
What's a life?
Joined: Fri Apr 24, 2009 10:21 am Posts: 12700 Location: The Right Side of the Pennines (metaphorically & geographically)
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I know this is in America, but are clauses like that even legal in the UK?
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Thu Apr 19, 2012 10:25 pm |
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jonbwfc
What's a life?
Joined: Thu Apr 23, 2009 7:26 pm Posts: 17040
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It doesn't appear to be legal in the US, but we don't have the same 'anti-collusion' frameworks they do. Our competition laws are actually weaker than theirs, so...
Jon
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Thu Apr 19, 2012 10:27 pm |
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bobbdobbs
I haven't seen my friends in so long
Joined: Thu Apr 23, 2009 7:10 pm Posts: 5490 Location: just behind you!
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Our laws are weaker but there is the european employment legislation that outlaws retraint of trade except in a very few select cases.
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Fri Apr 20, 2012 11:58 am |
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jonbwfc
What's a life?
Joined: Thu Apr 23, 2009 7:26 pm Posts: 17040
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IIRC 'restraint of trade' applies when a company's actions stops somebody being able to work at all but it doesn't apply when it's merely stopping you being employed at a particular company, assuming that company isn't a monopoly. For example, the Bosman ruling in football went through because the then regulations stopped a player playing for any other club than his current employers, not because it stopped them playing for A.N.Other FC in particular. Restraint of trade guarantees you a right to a job, but not a particular job. In that sense, 'gardening leave' is more of a restraint of trade than this case.
I'd imagine there are certain jobs in ApGoSoft which don't really exist anywhere else when it might apply but if you're, I dunno, an application interface designer there are plenty of other places you could work.
IMO, they've gone the right way by pursuing this under anti-collusion regulations because it sounds like a much stronger case.
Jon
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Fri Apr 20, 2012 12:33 pm |
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hifidelity2
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 1:03 pm Posts: 5041 Location: London
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Gardening leave is normally part of your employment contract - e.g. I will give 3 months notice that I want to quit. If you are in a sensitive part of an organisation / industry they will when you say you are leaving march you out of the door and you will be on leave for the 3 month (but being paid) There is nothing wrong with this
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Mon Apr 30, 2012 12:36 pm |
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