“A Typical Political Stall” by Arnie Sherr

It is possible from all of the political writing I post almost daily that from time-to-time I am inclined to take up a cause? Well, this one is about employer forced noncompete agreements. These are tough enough times during which to find jobs; being restricted by a noncompete agreement seems almost immoral.  Feeling this way, I wrote to Senator Bill Nelson, the Democratic Senator from my state of <?xml:namespace prefix = st1 />Florida. Below is his response. Of course, I am not surprised by his attempt to placate my request with the usual (expletive deleted) response. Below his text I printed my response and faxed it to both his Washington DC and Tampa Florida offices. I am publishing this to blogs because more than just I should know of this common attempt to con one constituent. This “political stall” is “typical” among politicians.

Was and is it not the Dems that are promising transparency? I guess the word hasn’t gotten around to Bill Nelson. Oh don’t worry; the local republican senator, Gus Bilirakis, is just as adept; his responses born of the same “Stalling Constituents for DUMMIES” manual.

I’ll give ten to one yours do the same kinds of things. This is a prime example of why we should get rid of our respective state’s career politicians. It seems they’ve all forgotten who their bosses are, and who collectively keep them in their cushy career politician jobs. What were and are we thinking?  

HART SENATE OFFICE BUILDING
WASHINGTON DC 20510-0905
March 2, 2009
SENATOR BILL NELSON FLORIDA
Mr. Arnold Sherr
2463 Gulf to Bay Boulevard, #218
Clearwater, Florida 33765

Dear Mr. Sherr:
Thank you for contacting me regarding non-compete clauses in contracts. I appreciate your taking the time to be involved and informed about matters important to Florida and our nation.
Please know that 1 will keep your views in mind if this issue is considered before the Senate. If you have any other concerns, please do not hesitate to contact me in the future.
Sincerely,

BILL NELSON SIGNATURE

P.S. From time to time, I compile electronic news briefs highlighting key issues and hot topics of particular importance to Floridians.  If you'd like to receive these e-briefs, visit my Web site and sign up for them at http://billnelson.senate.gov/news/ebriefs.cfm

Senator Nelson:

I can understand this kind of political put-off from Senators and Congresspersons from other states, but not from a senator in my state and one for whom I voted. I am always thanked for being involved and told my suggestions will be considered if and when the issue arises in the house or senate.

This is an important and extremely valid immediate concern. Under these trying circumstances I ask, "Why can't you bring this up in the Senate"? Why must it wait until someone else raises the issue?

_________________________________ 

For those reading this that are not familiar with noncompete agreements, I will attempt a brief explanation.

What is a “Noncompete Agreement” according to the law?
Noncompete agreements protect employers from losing valuable trade secrets and employees.

After losing scores of valuable employees (and trade secrets) to competitors, a growing number of employers are asking, or requiring, employees to sign noncompete agreements. By signing a noncompete agreement, an employee promises not to work for a direct competitor for a specified period of time after he leaves the company.

The premise is, when an employee with access to trade secrets leaves -- either because the employee quit or has been fired -- he could take this information and use it to his personal advantage (and at your expense). For example, a former employee may open a competing business or may go to work for a competitor and unwittingly or deliberately divulge your hard-won keys to success. A properly drafted noncompete agreement can keep this from happening.

What is a "Trade secret”?

In most states, a trade secret may consist of any formula, pattern, physical device, idea, process or compilation of information that both: provides the owner of the information with a competitive advantage in the marketplace, and is treated in a way that can reasonably be expected to prevent the public or competitors from learning about it, absent improper acquisition or theft.

Some examples of potential trade secrets are a formula for a sports drink, survey methods used by professional pollsters, recipes, a new invention for which a patent application has not yet been filed, marketing strategies, manufacturing techniques,  computer algorithms  

Unlike other forms of intellectual property such as patents, copyrights and trademarks, trade secrecy is basically a do-it-yourself form of protection. You don't register with the government to secure your trade secret; you simply keep the information confidential. Trade secret protection lasts for as long as the secret is kept confidential. Once a trade secret is made available to the public, trade secret protection ends.

In normal times, noncompete agreements have a legitimate place. However, its application has extended into areas where trade secrets are not the criteria and where there is no legal justification. Such areas are when made a requirement of those who sell a company’s products and services. Many times, even general staff are required to sign such agreements. Realistically, where its use is frivolous is when employers after having employees who are not unexposed to “trade secret’s believe the simple threat of law suits is enough to fearfully control all who either quit or were terminated after being required to sign a noncompete. Many employees, not understanding noncompete parameters stress to find employment in areas in which they may not be qualified. Noncompete agreements prevent every-day people from seeking employment in the fields in which they have become experienced and knowledgeable; those fields in which they best qualify for the highest levels of compensation.

My request of Senator Bill Nelson is that he introduce an amendment that renders noncompete agreement unenforceable, at least until present economic woes have regained normal employment statistics. Furthermore, introducing better oversight and more stringent guidelines as to where noncompete agreements can and cannot be imposed will stop its obvious abuse to purpose.

Most of us know someone, somewhere who is struggling partly because they are restricted by a present or previous employers’ noncompete agreement. Given today’s circumstances I urge as many as possible to write their respective state’s elected officials and request that such restrictions be lifted, at least for now!  

Ask yourself, why are noncompete agreements necessary? Think carefully; I did! If employers would make it their business to treat employees humanly and respectfully; compensating them according to their intrinsic and proven value then perhaps there’d be no reason for seeking to move up the income chain by wooing competitors for more money, better benefits, etc. It is on record that over the past twenty years as the price of goods and services has increased, salaries have remained relatively stagnant. Logic tells me, if employees are valued and paid well there is no reason to fear they would sacrifice “trade secrets” to achieve greater compensation elsewhere. Congress and the Senate have, yet again, kissed the asses of corporate America by selling out what is the only real leverage employees may wage for better pay and treatment.

Thanks again to the Washington’s “greedocrats.”