Does a non-compete clause apply for my waitress job?

Within the State of the Union deal with the president mentioned that he needed to make non-compete agreements unlawful so that somebody working in a single fast-food restaurant can go to work for one more one and make more cash. I work as a waitress — does that apply to me too?

No matter your politics and with all due respect to the president, whoever wrote that line must be fired. It’s one other instance of coverage wonks, opining on matters during which they don’t have any sensible data. Non-compete agreements exist for less than a small fraction of the workforce, and in a number of states are already prohibited.

Most exist as a part of government employment agreements the place there are quite a few circumstances and concerns for each the employer and the worker, who agree to guard one another’s pursuits. Worry not. You’ll be able to sling hash, spin plates, flip burgers, combine a imply cocktail in any institution you want with out concern of retribution or injunction. That was simply nonsense politics.

I employed somebody who was 60 years outdated. This particular person didn’t carry out nicely and after a number of conversations about his efficiency nothing improved, so I let him go. He’s now suing me for age discrimination. How can that be?

No good deed goes unpunished. It is perhaps as a result of you may sue anybody for something, and you may get a lawyer who will litigate over absolutely anything. (Sure, I went there. So sue me.) Simply since you employed the particular person once they had been 60, above the age that qualifies for age discrimination claims, you aren’t immune from being sued for age discrimination. Theoretically, you could possibly have determined that you simply employed somebody older than you need to have, and since you’re a imply, insensitive particular person you fired him. Insane, however potential. Sadly there are lots of situations of legitimate age discrimination claims, which could make an older employee assume that motion was taken due to age when truly it had nothing to do with it. It seems that you’ve got a robust case although — and don’t let it prevent you from hiring another senior. They’re normally loyal, reliable, grateful for employment and glorious employees.

Gregory Giangrande has over 25 years of expertise as a chief human assets government. Hear Greg Weds. at 9:35 a.m. on iHeartRadio 710 WOR with Len Berman and Michael Riedel. E-mail: [email protected] Observe: GoToGreg.com and on
Twitter: @GregGiangrande