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This encourages nakedly anti-competitive behavior and creates massive barriers to entry for new firms.
"Someone that valuable" is "literally any salesman," not SVPs or whatever
This is not viable, and people *in sales* typically don't even mind reasonably-timed non-solicits because they understand it protects them as well
Blanket, indefinite non-solicits aren't really a thing
The information is valuable, the employee(to the competitor) isn't. This should be obvious in that the first person to 'defect' is worth a huge amount of money and every subsequent person is worth much much less. Worst sales person or best sales person almost makes no difference.
Frankly no one person is as valuable as some contracts are. A new jet like a 737 is 250-500m dollars, and maybe 15% margin. What's the correct compensation for Airbus to pay to get a Boeing sales person or vice versa on a RFQ for 20 of them? Is it worth paying $50m for information that lets you win a contract worth 750m in profits, definitely!
But, I have a hard time believing that you think a sales person should make $50m dollars. And in such a scenario a competitor can always offer a chunk of their margin to get that 'defector' that if it were given to the entire sales team could easily exceed 100%.
And really if I hire someone away from a competitor at a ridiculous salary to win one bid, a "hire" and "paid industrial espionage" start looking a lot a like.
This puts the onus on the jilted company to sue and attempt to prove covered information was used by the new company though, instead of just barring the employee from working.
Doesn't seem like a problem. If you as a company don't want a discovery flashlight all the way up your keister you probably won't hire your competitor's top salesperson right before swooping in to undercut their bid.
fuck up once and you break your thumb / if you're happy at all then you're god damn dumb
that's right we're on a fucked up cruise / God is dead but at least we have booze
bad things happen, no one knows why / the sun burns out and everyone dies
Should be obvious. If the companies doing it directly share the information, that's collusion, and that's illegal because it artificially increase costs, in particular for government contracts, but also in general.
This is uncompetitive because a bidding process in which one company isn't blind and the other ones are is unfair and has a lot of negative incentives attached, including the cost of information poaching being passed downstream and a greater risk of shaving bids in unrealistic ways. E: As noted above, its also a way for companies to indirectly collude, which can also result in companies increasing their bid unnecessarily.
Now, this situation is pretty specific to being in a position where you're involved in the bidding process for high value contracts, and I wouldn't say that it justifies non-competes so much as it justifies being paid to sit on a beach for X period of time before you can work for a competitor, but its not really a situation in which you can just pay employees more to solve it, because at some point employees will have information about contract bidding for dollar values way, way, way more than they're getting paid.
You didn't swap manufacturers because Jenny changed employers and you really like Jenny, you swapped manufacturers because Jenny has insight into the bid process already going on and knows to a high degree of certainly what Boeing's bid is likely to be and accordingly offers you a comparable product at $700m instead of $750m, because Jenny wants her goddamn commission and understands that 2% of $0 is $0 and will accordingly accept a lower margin
This is the case for much smaller, lower-value bids as well, not just 7+ figure capital contracts
No one is missing that. We are saying that is a problem with disclosure of information. NDAs and trade secrets are not being taken away.
I mean, Thawmus is pretty explicitly talking about a situation in which the company is changing entirely due to a single salesperson, so "nobody is missing that" seems inaccurate. At minimum, it doesn't seem like they believe its possible that perfect information about a competitors bid could be delivered by a single person and flip the bid, or believes that information would justify paying every sales person a huge fraction of the bid price as a method of keeping them around, both of which seem questionable.
You aren't switching because Jenny is working on it, you've never met Jenny. In the most extreme case; you are selecting the Airbus tender because Boeing's bids was 9 billion dollars, and Airbus's would have been 9.2b, except that when Jenny went over to Airbus she told them to go with $8,999,999,999 instead. So now Airbus only makes $500m on the sale, they give Jenny a "go retire" amount of cash and all the sales people at Boeing don't get their commissions. And Boeing does some layoffs, because they couldn't afford to pay 10% of the profits to each of the dozens of members of the sales team.
That sounds crazy, and planes are a bit unique, but some of our customers are municipalities, and they are by law required to go with the lowest qualified(satisfies tech requirements, company has relevant experience, etc) bid. We've won bids on like .01% difference in final bid price. The rounds of beers after work cost more than the difference in the bids.
e: Or as a counter point, Airbus would have bid 8.7b, but thanks to Jenny grabs the extra few hundred million cause it was right there for the taking.
Unless you are an absolute moron proving this sort of thing in court is going to be literally impossible
If the sales person is the primary reason you got that contract then no it is not questionable. They earned that. If the sole reason a contract moves is the sales person then that sales person is clearly worth some significant fraction of $750m. If they are doing it with insider information then NDAs/trade secrets like I said.
*For executives, I can see an argument that whatever compensation package is negotiated with an understanding that if they get fired for performance or whatever, that's it, they're cooked.
We have those laws! NDA, trade secrets, and price fixing stuff all comes into play. What you describe in the beginning is the reality for a lot of the world. Look up the term Garden Leave I think. That requires giving contracts to employees that the employer is also bound by. No one is objecting to that. It would just be a sea change in the current working world in America. The reason it isn't done is it would almost exclusively benefit workers.
This is getting into semantics to the point of not really meaning anything, but if somebody shouldn't be able to do something due to NDAs or trade secret law then I wouldn't say they "earned" the commission for selling those and don't find a get-paid-to-noncompete problematic in that instance; the noncompete is just making it so that it's much easier to prove/limit things than requiring direct proof of selling information.
Boeing hires Jenny from airbus. Jenny knows that airbus’s bid is 750m on the dot. And so Jenny can tailor Boeings bid to be as close to Airbus’s bid but just under. This definitely hurts airbus but it also hurts the airline and so increases airfare. This is because Boeing isn’t going to bid under cost. They want to place their bid to be as high as possible but still lower than airbus. As a result. Boeing would have bid 700m but instead bids 749m. This wins Boeing 49 million dollars of profit and costs the airlines 49 million
You are right, and no one is saying they should. That is on the extremely well paid lawyers of those companies to sort out. If they don't want to do that then they need to offer actual work contracts to employees that offers benefits to both sides. 3 months notice of separation where you will be paid the average rate from your last x months solves the problem quite nicely. The employee gets the security of knowing they have time to look for jobs while being paid, and the company has the benefit of knowing their employee can't be poached at a moment's notice. This is a legal option available to them right now. If they choose not to use it then that is on them.
I mean this is situational but yes this is obviously also a possibility
It is also worth looking at industries that don't have non-competes in place, because I bet those are quite often where collusion between businesses happens due to exchange of employees, resulting in oligarchies.
Chapter splash page: Frieren awake while Fern sleeps. That's not good.
We wind up tying up some loose threads from the El Dorado/Macht of the Golden Land arc, with Lord Gluck's interrogation. Looks like there's political concerns as well, as they're trying to spin it as him being deceived, but Gluck's having none of it. Good on him, and we get to see where Denken gets his own will and morals from.
Speaking of the old fox, we see him conversing with the one Magic Special Forces officer who was tracking Ubel and Land, and it's clear they're well acquainted - not surprising given Denken is an Imperial Magister. Though he notes that being a first class mage as well has his loyalties in question on both sides, limiting what he can do.
Apparently we have another player on the field - the head of the Magic Special Forces, Frase. And from Gluck's response of "I should have let Macht kill her", it sounds like she's Bad News.
Today's Lesser Known Sign Of The Apocalypse: Frieren awake and dressed in the morning.
Steam
Angel's Egg is visually amazing as hell, a visual tour de force of Yoshitaka Amano's illustrations, but I could not begin to tell you what it's about. It is utterly surreal and mystifying. It's quite a watch.
Does anyone know who streams the Sub? My Google is failing me.
E: nope, I was completely wrong. My ears are off.
also luffy vs. katakuri was 2 episodes more than goku vs. frieza
A lot of One Piece fights later in the series will cut away from the fight frequently to show what other characters are doing.