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Apple Store Employee Attempts To Form Union

cprael Re:Wow. (1008 comments)

It's called supply and demand. It's one of those unpleasant realities, like, say, gravity. That being said, Apple IS offering awesome wages and benefits to its employees. Compare Mr. Moll's $14/hour + health benefits + discounts + matched 401K vs. what a retail employee gets at another electronics retailer. Like, say, Frys. Or BestBuy. Or Target. He's already GOT a better deal.

And, to be honest, retail sales is not a high-skill job.

As to "this is not how I want to be treated, etc."... they are free to do so. But you're ignoring the other side of that "freedom of association" thing: the employer also has the freedom to NOT associate with them, to say "I think your demands are unreasonable, and I'm going to work with someone I think is more reasonable."

Or are you simply trying to use "freedom of association" as a smokescreen for "what's mine is mine, what's yours is mine, too."?

more than 3 years ago
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Getting Paid To Abandon an Open Source Project?

cprael Non-competes, and value-for-money (654 comments)

Two comments:
First, a lot depends on where you are. In California, non-competes have been held invalid by the State Supreme Court. So if you're in CA, either when you sign the non-compete or subsequently, they can take the non-compete, fold it pointywise, and stick it - it's a totally invalid legal document. But that only applies in CA - you'd have to check with your local legal mavens.
Second, if they're paying you for future work, they can't make you sign over rights/etc. to prior work. A contract is an exchange of value. If they're demanding you give them something of value (your prior work) and not providing you with value (additional payment), then they don't have a valid, enforceable contract, at least not in the US.

I would suggest (a) scratching out the non-compete, and (b) scratching out the "prior work" clauses. And yes, get a lawyer.

more than 6 years ago

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cprael cprael writes  |  more than 7 years ago

cprael writes "So, it's rather obvious how to moderate comments that are good or bad, crap or interesting. But how does one do same to the underlying article? I'm not suggesting on a regular basis, but every once in a while, some of the top-level story stuff that gets posted just cries out to be moderated. Man bites dog journalism, slow news day... it's still crap. And deserves to mod'd accordingly."

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