Introduction

Employment issues are the current legal issues affecting people. It is a matter that many people do not understand. Companies are suing one another on matters based on employees moving one organization to another. The matter concerns privacy of information that companies are trying to cope up with. The market competition has gone to the extent where employees have become an element of communication. Companies are concerned about information that comes out of the company into a competitor. When people work in their companies, they get experience. When they move to other companies, they use the experience gained from the former company to develop the current company. There is the risk of disclosing private information belonging to the former company to the new one. Organizations are against practices that put their private information and secrets at risk.

Buser is a 19-year old college student. She experienced the employment case based on her employment history. She used to work at Linx which is found in Massachusetts. She worked as a counselor for quite a long time, about three summers. She then decided to apply for a job position in a new organization. The organization was reluctant to employ Buser because it feared that Linx might sue it based on Buser’s 2013 employment in the company. I am expecting to get employment in the investment bank industry after studying for 8 years in the United States. It is a necessity that I undertake my career development by getting experiences from different companies. Unfortunately, the non-compete agreement is limitation to my career development plans. The law discourages getting experience from different organizations. Experience is a requirement for my career development.

Fact

Business organizations are conscious of competition at all costs. Employees are not allowed to move from one employment contract to another. The law affects college students. For students to be competent in their various careers, they have to get experience from several companies. It is a fact that companies are willing to employ people with adequate skills. The skill cannot only be acquired at school. Practical fieldwork has to be done after going through the theoretical part of the profession. The Non-compete agreement discourages students from getting experience from organizations fearing that they will not get employment in organizations of their dreams in future. The law affects students who join the job market. The law has made many people hate working the United States. States like California are not very strict on the law.

I was planning to start working in the investment bank industry after 8 years of my studies in the United States. I am discouraged by the law. It is impossible to join the job market before I gain adequate skills in the job market. Before I join the investment bank industry, I wanted to work in a few organizations to enable me to acquire practical skills on my profession. The government should consider revising the legislation in order to protect the rights of everybody. The law protects the competitive advantage of business organizations. When employees move from one organization to another, it is possible that they can disclose information from the former company. Disclosure of information may reveal important information of a company regarding its operation. Organizations tend to be vigilant on information by controlling the mobility of employees.

Law

The modern economy bases companies on knowledge. Long ago, people could join companies and stay for the rest of their. Today, they is high mobility of employees. Employees can easily move from one company to another. The mobility of employees promotes flow of knowledge between companies. There has been a conflict between importance of knowledge to a company and employee mobility. The non-competition agreement between employees and their employers plays a major role in protecting a company from unfair competition. Companies lose valuable trade secrets to competitors due to movement of employees. Employers have made it a requirement for their employees to sign a non-compete agreement. The agreement is a covenant of not initiating competition between an employer and another company. The agreement binds an employee not to work for a competitor for a particular period of time as specified in the contract.

The agreement enables business organizations not to lose employees. Employees have access to the trade secrets as well as other private information of the organizations. The law is useful as it protects a company from losing important information to an employee. A trade secret gives competitive advantage to a company since other companies cannot readily acquire it. Losing it to a competitor is a loss of strength of a company. The information that stand the risk of acquiring by other companies include device, compilation, program, pattern, formula, technique, and method among others. When an employee leaves a company either when fired or voluntarily, there is likelihood that the employee will disclose the trade secret of the former company. Organizations are very watchful on this law and cannot easily employ an employee from a competitor.

Analysis

The law is varied across the United States. It has been difficult to enforce it across all states. States like California are against the non-compete agreement. We can attribute the difference of enforcement o the law across states to be due to political economies of states. Groups that influence political economies in different economies also have a stake in the variation. Some states limit the law by excluding some careers. The law benefits companies because they are sure to retain employees and protect their private information. It protects the competitive advantage. The challenge of the modern economy of the high mobility of employees is dangerous to business organizations as far as competition is concerned. The restriction forces employees to stick to the companies in which they are employed for a specific period of time.

However, the law has implications. Students still in college or fresh from college cannot receive the law in appreciation. Fresh professionals are supposed to get experience from different companies; this improves their competence on the professions. The law gives employers the authority to retain employees and not allow fresh professionals to diversify experience. The limitations of the law have resulted to its rejection by several political economic groups. Competition can benefit an employer. An employee who gains skills in one company and moves to new company is an advantage to the new company. The new company will be able to utilize the skills of the employee to improve performance. Therefore, non-compete agreements prohibits good competition. An employee can gain skills and move to form a new company hence create employment. The competition is positive as it solves economic problems.

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Bouchoux, Deborah E. Intellectual Property for Paralegals: The Law of Trademarks, Copyrights, Patents, and Trade Secrets. Clifton Park, NY: Delmar Cenage Learning, 2009. Print.

Harris, H S. Competition Laws Outside the United States. Chicago, Ill: Section of Antitrust Law, American Bar Association, 2001. Print.

Pittard, Marilyn, Ann Monotti, and John Duns. Business Innovation and the Law: Perspectives from Intellectual Property, Labour, Competition and Corporate Law. Cheltenham: Edward Elgar Publishing, 2013. Print.