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Employee Raiding
In business, employee raiding is the practice of unlawfully inducing an employee to leave one employer and take up employment with another employer. The purpose of employee raiding is usually to gain access to unique or rare knowledge or skills which the employee may possess. Taking the employee gives the raider an unfair competitive advantage. Ethical and legal dilemmas over employee raiding arise from the conflict of interests between an employee's right to free access to the labour market, and an employer's right to protect knowledge and skills which it regards as company property. Employers may attempt to protect themselves against the most damaging effects of employee raiding by inserting non-compete clauses into employment contracts. With increasing competition between companies sharing the same field of business, there have been non-disclosure forms for employees to sign, preventing employee raiding. The extreme difficulty in verifying this is a major example of how it p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Business
Business is the practice of making one's living or making money by producing or buying and selling products (such as goods and services). It is also "any activity or enterprise entered into for profit." Having a business name does not separate the business entity from the owner, which means that the owner of the business is responsible and liable for debts incurred by the business. If the business acquires debts, the creditors can go after the owner's personal possessions. A business structure does not allow for corporate tax rates. The proprietor is personally taxed on all income from the business. The term is also often used colloquially (but not by lawyers or by public officials) to refer to a company, such as a corporation or cooperative. Corporations, in contrast with sole proprietors and partnerships, are a separate legal entity and provide limited liability for their owners/members, as well as being subject to corporate tax rates. A corporation is more complicated ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Competitive Advantage
In business, a competitive advantage is an attribute that allows an organization to outperform its competitors. A competitive advantage may include access to natural resources, such as high-grade ores or a low-cost power source, highly skilled labor, geographic location, high entry barriers, and access to new technology and to proprietary information. Overview The term ''competitive advantage'' refers to the ability gained through attributes and resources to perform at a higher level than others in the same industry or market (Christensen and Fahey 1984, Kay 1994, Porter 1980 cited by Chacarbaghi and Lynch 1999, p. 45). The study of this advantage has attracted profound research interest due to contemporary issues regarding superior performance levels of firms in today's competitive market. "A firm is said to have a competitive advantage when it is implementing a value creating strategy not simultaneously being implemented by any current or potential player" (Barney 1991 cited b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non-compete Clause
In contract law, a non-compete clause (often NCC), restrictive covenant, or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer). Some courts refer to these as "restrictive covenants". As a contract provision, a CNC is bound by traditional contract requirements including the consideration doctrine. The use of such clauses is premised on the possibility that upon their termination or resignation, an employee might begin working for a competitor or start a business, and gain competitive advantage by exploiting confidential information about their former employer's operations or trade secrets, or sensitive information such as customer/client lists, business practices, upcoming products, and marketing plans. However, an over-broad CNC may prevent an employee from working elsewhere at all. English common law originally held any ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Competition
Unfair may refer to: * Double Taz and Double LeBron James in multiverses ''fair''; unfairness or injustice Injustice is a quality relating to unfairness or undeserved outcomes. The term may be applied in reference to a particular event or situation, or to a larger status quo. In Western philosophy and jurisprudence, injustice is very commonly—but n ... * ''Unfair'' (drama), Japanese television series * '' Unfair: The Movie'' * Unfair (song), a song by South Korean boy group EXO {{Disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Secrets
Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. Intellectual property law gives the owner of a trade secret the right to restrict others from disclosing it. In some jurisdictions, such secrets are referred to as confidential information. Definition The precise language by which a trade secret is defined varies by jurisdiction, as do the particular types of information that are subject to trade secret protection. Three factors are common to all such definitions: A trade secret is information that * is not generally known to the public; * confers economic benefit on its holder the information is not publicly known; and * where the holder makes reasonable efforts to maintain its secrecy. In internat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Union Raid
A union raid is when a challenger or outsider union tries to take over the membership base of an existing incumbent union, typically through a union raid election in the United States and Canada. Union raids have been criticized by the labor movement because they promote rivalry between unions and direct resources away from organizing the non-unionized workforce in the United States and Canada, a majority of the total workforce. History Raids can be informal through campaigning and or soliciting an incumbent union's members or more direct by an outsider union calling for a decertification election in a bid to take over an incumbent union's membership. Between 1975 and 1989 over 1,414 multi-union raid elections were documented by the NLRB in the United States. In Canada, official data on scale and success of union raids is limited to the Federal government and the province of British Columbia. A research study on Ontario, Canada's most populous province, found 1,046 multi-union ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antipoaching
Antipoaching is an anti-competitive conduct where companies conspire not to hire each other's employees. Antipoaching agreements, or no-poach agreements, are related to non-compete clauses, but distinct -- no-poach agreements are among employers, non-compete clauses are between employer and company. In the United States, antipoaching agreements have been widespread among franchise businesses: Research has found that 58 percent of major franchisors' contracts in 2016, including those of McDonald's, Burger King, Jiffy Lube, and H&R Block, contained agreements not to hire the workers of other franchisees. Some franchisors have since stated that they would drop those agreements. Antipoaching agreements may be illegal under U.S. antitrust law in some circumstances.Antitrust Division, U.S. Dept. of Justice"No-poach approach,"Spring 2019. Allegations about such agreements among major high-tech companies, including Apple and Google, were the basis of the High-Tech Employee Antitrust L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ethically Disputed Working Conditions
Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concerns matters of value; these fields comprise the branch of philosophy called axiology. Ethics seeks to resolve questions of human morality by defining concepts such as good and evil, right and wrong, virtue and vice, justice and crime. As a field of intellectual inquiry, moral philosophy is related to the fields of moral psychology, descriptive ethics, and value theory. Three major areas of study within ethics recognized today are: # Meta-ethics, concerning the theoretical meaning and reference of moral propositions, and how their truth values (if any) can be determined; # Normative ethics, concerning the practical means of determining a moral course of action; # Applied ethics, concerning what a person is obligated (or permitted) to do in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
