Ethics Unit 4 LJ
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Non-compete agreements
Department of General Studies, University of the People
PHIL 1404: Ethics and Social Responsibility
Dr. Jacqueline Thomas
February 23, 2023
Introduction
In this paper, I will discuss the pros and cons of non-compete
agreements for both general workers and high-level employees.
Furthermore, I will go into detail about the conflicts that arise, different
perspectives toward this agreement and lastly, I will give a quick
overview of the utilitarianism theory.
Non-compete agreements
The purpose of non-compete agreements is that former employees of a
company can't use their acquired skills and knowledge at another company.
The employer doesn't want to give their competitors an advantage (
Byars &
Stanberry,
2019)
.
Conflict of interests
The employer represents the concern that they don't want their former
employees to use their acquired knowledge and skills somewhere else,
sometimes close to the former location, sometimes in general. By preventing
the departed employees from doing so, they are hoping for the competitors
not to get an advantage of the costs and time they put into the training of
former employees.
The employee most likely has the interest of the highest pay and best
work environment. If they wanted to work at a similar location like the kind of
their previous employee, it is likely that they would use their collective
knowledge of their previous job at the new one. This would benefit the
employee as well as the new employer, because of higher efficiency and less
training needed. Also, the employee would most likely want to stay in the
same area as they worked in before, which could be a problem for some
employers, like Jimmy John's
(Byars & Stanberry, 2019).
I think the best way to satisfy both sides is for the employee to
appreciate their employees with a comfortable and safe work environment,
as well as raises when they are adequate. Recognizing the employees' hard
work and skills is a good way to keep them for this company, instead of them
wanting to change jobs.
Executive chef or vice president of marketing or operations
The executive chef or vice president should wait, in my opinion, to take
a new position. Even if they don't want to use their knowledge against their
former company, the new company might extract information from them in
an unsuspicious manner. By waiting for a new job, the information they have
gained might no longer be valid and therefore no longer reliable.
What is fair?
Usually, high-level managers also have a high yearly income. Because
of this, the company should put a non-compete agreement in its contract in
order to keep the companies information and that of its employees safe.
Because the manager has such a high income, it should not be a problem for
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