Re: ... the Duchess' Game

[Guest guest]

Barrett-

Good point. The finance and economics world call that, " Zero Sum "

thinking.

It revolves around a (questionable) perception that there is only a finite

quantity of business to be conducted. In many situations, the emergence of

a second party offering same or similar services in the same marketplace

(the definition of competition) actually serves to heighten awareness of

the available services, so there's business for both parties.

Of course, national policies to decrease access (managed care's strong

suit) don't like that.

Personally, I think that trying to get the departing employee to sign an

instrument which restricts his or her liberty to pursue better

opportunities should be fruitless. I fail to see where it is in his/her

interest to accept any restriction voluntarily. Usually, we must

compensate people for such a thing. Sort of " Theory X " management.

Unless the employer has copyrighted their forms -- and codified their

business systems -- and can prove beyond reasonable doubt that this

individual had no comparable knowledge before their association, and

received unique, irreplaceable skills and knowledge from the employer

during the tenure of the position, I doubt they'd be able to enforce the

agreement. It would just engender ill will.

Most organizations have gained their own forms from others in the industry

anyway.

Perhaps the best approach is one of collegiality and harmony: The employee

is already set to enter and exist in the same marketplace. At a minimum,

prudence and wisdom suggest that one should refrain from turning him/her

into a wounded adversary...

Dick Hillyer, TLK

[Guest guest]

Dick Hillyer:

Nice sensible comments. Thank-you for your perspective.

Lucy B