Boycott Jimmy Johns - maybe we do need stronger unions

[Guest032516]

Talk about scumbaggery:

http://www.huffingtonpost.com/2014/1...n_5978180.html

Jimmy Johns requires ALL of its employees to sign a non-compete agreement - right down to the cashier girl and the delivery guy.

From the agreement:
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"Employee covenants and agrees that, during his or her employment with the Employer and for a period of two (2) years after … he or she will not have any direct or indirect interest in or perform services for … any business which derives more than ten percent (10%) of its revenue from selling submarine, hero-type, deli-style, pita and/or wrapped or rolled sandwiches and which is located with three (3) miles of either [the Jimmy John's location in question] or any such other Jimmy John's Sandwich Shop."
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Got that?

The minimum wage guy cannot work at another business that sells sandwiches for two years after leaving Jimmy Johns - even if he is fired or laid off.

Now, the good news is the non-compete clause is almost guaranteed to be unenforceable.

Courts will generally only enforce these with respect to highly compensated, key employees that know key information about the company. So, you might be able to prevent your CEO or COO or somebody who knows your expansion and marketing plans and vendor pricing agreements from going to a competitor.

But you won't be able to prevent the guy making the sandwiches from moving to a competitor. This is particularly true in right-to-work states. Yay, Texas!

But that isn't the point.

The purpose of this clause is to intimidate or fool employees into thinking they cannot easily go somewhere else that pays better. So they are more likely to put up with corporate bullshit and are less likely to walk out the door and get a job at Subway.

And how exactly does the minimum wage guy applying for another job know whether or not Humperdinks or TGIF makes more than 10% of its money from sandwiches?

I hope they lose the lawsuit badly. I hope the Labor Department fines them. And I hope the public boycotts them.

I will.

Jersey Mike's makes a better sandwich anyhow.

[Whirlaway]

That is bullshit corporate ethics.

[Old-T]

Looks like we agree on something here.

The intent of non-competes is to protect company secrets, etc. Does JJ's really believe those adroit cash register fingers are the key to their success? I have had minimal dealings with the franchise, but that has been largely because of a poor attitude couples with very average sandwiches. This kind of BS explains some of the attitude.

[Guest032516]

And it looks like this came to light as a result of a "wage theft" lawsuit former employees brought against Jimmy Johns:

http://www.huffingtonpost.com/2014/0...n_5669565.html

They made them work off the books to avoid paying them overtime rates. Key quote:
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"In their lawsuit filed Friday in federal court, Karolis Kubelskas and Emily Brunner claim that they were forced to regularly work off the clock because of unreasonably low payroll budgets provided to individual Jimmy John's stores, leading to minimum wage and overtime violations. Jimmy John's has "intentionally and repeatedly misrepresented the true time worked by their hourly employees" in order to keep costs down and dodge overtime laws, the complaint alleges. The lawsuit is a proposed class action, with Kubelskas and Brunner arguing that such pay practices come from "corporate set policies" and would apply to other workers."
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See how it works? You rip them off on wages and intimidate them into thinking if they quit they till have a hard time getting another job because of the non-compete.

I hope the lawyer bringing the class action lawsuit yanks down the owner's pants, bends him over, and "gay marries" him like in Boardman's worst nighmare.

[FoulRon]

I'm not a lawyer, but I've heard that non-competes are only enforceable on voluntary separations, not if you are fired.
Just another reason that if the boss calls you in and offer to allow you to resign to just say no. Unless you are planning to leave, a resignation only benefits the employer.

[Guest032516]

Originally Posted by FoulRon

I'm not a lawyer, but I've heard that non-competes are only enforceable on voluntary separations, not if you are fired.
Just another reason that if the boss calls you in and offer to allow you to resign to just say no. Unless you are planning to leave, a resignation only benefits the employer.

That isn't true.

If you are fired for cause, they are still enforceable.

You can't get out of a valid non-compete by sexually harassing all of the women in your office and showing up drunk until the company fires you.

[WTF]

Originally Posted by ExNYer

You can't get out of a valid non-compete by sexually harassing all of the women in your office and showing up drunk until the company fires you.

Damn!

[Guest051115]

Originally Posted by Whirlaway

That is bullshit corporate ethics.

Jimmy Johns is a Republican voting company. From 1989 - 2014 they've given over $1.3M in political contributions. The breakdown is as follows:

Republicans got 825K
Tea Party (3rd party) 500K
Democrats 1k (yes as in 1,000.00) LOL


Jimmy Johns believes in cutting employees hrs so they don't have to provide healthcare. They then present these sick people to us to serve food. Republican politics is steeped and rooted in freeloading. Just disgusting and shameful.

[Guest051115]

Speaking of sexual harassment:

[Whirlaway]

Send them hate mail:

https://www.jimmyjohns.com/

From their web page statement on "sustainability"............an other company that cares more about environment than it's employees !

Corporate Environmentalism Is So Kool and Hip................fuck em !

[WTF]

Originally Posted by Zanzibar789

Jimmy Johns is a Republican voting company. From 1989 - 2014 they've given over $1.3M in political contributions. The breakdown is as follows:

Republicans got 825K
Tea Party (3rd party) 500K
Democrats 1k (yes as in 1,000.00) LOL


Jimmy Johns believes in cutting employees hrs so they don't have to provide healthcare. They then present these sick people to us to serve food. Republican politics is steeped and rooted in freeloading. Just disgusting and shameful.

The GOP got all the hot eating spots covered...Chick fil a, now JJ's , what's next Arby's?

[Guest051115]

I'm sure Arby's is Republican as well. They prey on poor people who need those jobs. You better believe they absolutely dislike and despise the people they employ. It's why they pay them shit and deny them healthcare while marketing and commercials touting the goodness of the shit food they serve.

[Whirlaway]

I don't understand why Liberals advocate for more cheap labor to work in these shitty jobs, feeding the corporate greed of owners/franchisees.........I know why Chamber of Commerce Republicans love illegal immigration, but why Liberals fight for it, not.

Cut off immigration (cheap labor) and you will see the competition for wrokers in these industries skyrocket along with wages.


And my experience tells me that "non compete clauses" aren't enforceable unless the employee is paid some sort of negotiated remuneration at time of termination. The HUFFPO isn't clear if the terminated employees had received some sort of termination payout....both cases involved management level employees.

"no tickee no washee"

[Guest032516]

Originally Posted by Zanzibar789

I'm sure Arby's is Republican as well. They prey on poor people who need those jobs. You better believe they absolutely dislike and despise the people they employ. It's why they pay them shit and deny them healthcare while marketing and commercials touting the goodness of the shit food they serve.

You're an idiot. Just thought I would clarify that.

This country is full of companies that employ no-skill workers. Are ALL of them Republican owned?

Do you think the Apple Store and Whole Foods are paying top dollar? And Apple employees actually have to have some skills, unlike burger flippers.

Hobby Lobby is a GOP leaning company and they have a reputation of treating their employees well. They just don't want to pay for abortions.

The Democratic Party has no problem flooding our labor markets will no-skill illegal aliens while simultaneously complaining that fast-food joint only pay $10/hour instead of $20.

Don't they see the connection? If you want to raise wages, create a labor shortage.

[boardman]

Non competes are something that is usually sprung on employees after they are "hired". It's definitely unethical to not tell someone during an interview that they will have to sign a non compete or expect that to be common knowledge for a minimum wage worker or someone just entering the workplace.