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Wednesday, November 12, 2014

Welcome to Serfdom

The latest case of non-compete agreement abuse, how about a $15-an-hour janitor?

Back in the spring, Benny Almeida was unemployed for a spell. So he took the first job offer that came his way — $15 an hour to work as a water-damage cleanup helper in Bellevue.

“At that point what savings I had was gone,” the 26-year-old says.

But three months into his work for ServiceMaster of Seattle, Almeida got a better offer. A rival firm he had also applied to called to say it now had a job opening — paying $18 an hour.

………

Sounds like your typical American free-enterprise story. Except Almeida either forgot or didn’t understand that he was part of the latest corporate fad in squeezing blue-collar workers: noncompete clauses even for low-wage jobs.

To get the $15-an-hour job last spring, Almeida was required to sign a “restriction on competition” clause that said if he leaves, he can’t work for two years for any firm doing similar work in ServiceMaster’s “geographic area” — which the company’s lawyer told me means King, Snohomish, Island, Yakima and Kittitas counties.

ServiceMaster of Seattle, a franchise in a $3.4 billion national corporation, now is trying to force Almeida to forfeit his $18-an-hour job at Superior Cleaning of Woodinville.

The noncompete clause would mean Almeida also couldn’t work in any water- or fire-damage job, janitorial, office cleaning, window washing, floor or carpet cleaning or other job ServiceMaster does.

“ServiceMaster of Seattle hereby demands that you immediately cease all employ with Superior Cleaning,” reads a “notice of violation” letter the company’s law firm wrote to Almeida (who lives with his aunt in Lynnwood).
I'm waiting for McDonald's to claim that, "Do you want fries with that?" is a trade secret.

Seriously, where is Madam la Guillotine when you need her?

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