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RIM Accuses Motorola of Blocking Job Offers

theodp writes "Taking a page from the insanely-jealous-husband-playbook, Motorola management has adopted an if-I-can't-have-you-nobody-can stance on its fired employees, reportedly blocking RIM from offering jobs to laid-off workers. In a complaint filed in state court, Motorola is charged with improperly trying to expand a previous agreement 'to prevent the RIM entities from hiring any Motorola employees, including the thousands of employees Motorola has already fired or will fire.' Through its Compete America membership, Motorola has repeatedly warned Congress that failing to accommodate the lobbying group members' 'principled' demand for timely access to talent would not be in the United States' economic interest and would make the US second-rate in education and basic research."

6 of 353 comments (clear)

  1. Move to CA by Rinisari · · Score: 5, Interesting

    If RIM had a division in California, they could hire anyone they wanted since California law essentially forbids non-compete clauses.

    There was a recent Slashdot discussion about this when a Former IBM Exec Ordered To Stop Working For Apple.

  2. So... by florescent_beige · · Score: 5, Interesting

    Interesting to see how the paragons of capitalism don't believe in the free market.

    A company I once worked for once had a written policy that anyone who had ever worked as a direct employee could not be hired at a later date as a contractor (contracting is very lucrative in this industry). I always thought that sounded legally dubious but despite some efforts the media had no interest in pursuing it.

    I eventually left that company to contract at a competitor. On my last day the director of engineering told me "You realize I can't approve of this." To which I did not reply, but always wished I had "I can not approve of the way you accept public subsidies and then exported my job to Ireland."

    Can't wait until I get a little older so I can name names.

    --
    Equine Mammals Are Considerably Smaller
  3. I call bullshit on that one. by internetcommie · · Score: 3, Interesting

    [corporate flamebait start]
    If US companies want to keep US workers in the US, they should offer them so attractive working conditions (this includes working environment, good salaries, and job security for those who are concerned with such) that they don't want to leave. US citizens are free to leave the country if it suits them, and if we are to continue calling this country a "beacon of freedom" or whatever the latest slogan is, then it will have to continue to be that way.
    And if Microsoft has such a hard time finding workers in the US, why aren't they looking into hiring some of Motorola's castoffs?
    [/corporate flamebait end]

  4. Ok, someone is full of shit by DaveV1.0 · · Score: 3, Interesting

    The agreement expired in August and is no longer enforceable, the agency said, citing the complaint.

    The agreement has expired, then why the lawsuit?

    From one article:

    Motorola is improperly trying to expand the agreement 'to prevent the RIM entities from hiring any Motorola employees, including the thousands of employees Motorola has already fired or will fire,' RIM was quoted as saying in the complaint by the agency.

    But from the other:

    RIM (nasdaq: RIMM - news - people ), in a complaint filed in state court in Chicago, asked for an order invalidating an agreement the companies reached this year not to solicit each other's employees, the agency said.

    So, both companies agreed not to solicit each other's employees and now RIM wants out of the deal. Why should the be let out of the deal?

    The lawsuit comes three months after Motorola sued RIM in Chicago in violation of the agreement, according to the agency.

    Either the writer is incompetent or the above is false because "three months" ago was after the agreement supposedly expired, therefore the suit could not be in violation of the agreement.

    From the linked letter to Congress:

    Recapturing Congressionally authorized EB green cards from prior fiscal years that went unused
    due to bureaucratic delays would help reduce visa backlogs. EB green card recapture has been
    endorsed by over 70 employer, family and community-based organizations. In 2005, 85 U.S.
    Senators voted in support of green card recapture.

    How does that apply to anything in this case, in any way shape or form?

    To me, this looks like a lot of biased reporting and RIM trying to weasel it's way out of an agreement.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  5. Re:Sorry Motorola by Deagol · · Score: 5, Interesting

    Sure, the worst of capitalism results in our exploitation of less developed nations. However, the worst of consumerism is why people in the US "need" the high salaries/wages/benefits that drive companies overseas for their labor. In then end, it comes down to the greed and gluttonly of everyone.

    I support a family of four (myself, wife, plus two kids). This year, my year-end gross from my job: $9243. I work 2 hours a day, from home. A small real estate investment a few years ago grosses me about $1200/year, and that will be gone in maybe 5 years. In total, we live comfortably on under $12k/year.

    How do we manage this? We live cheaply, humbly, and within our means.

    I'm $1000 away from having our 1000-ft^2 fixer-upper (cost $40k) home paid off, which is the last of our debt. No consumer debt -- never again. Our single beater of a car is paid off, and it gets good mileage. We raise much of our own food, and hunt a little to supplement. Between the garden and livestock (meat, eggs, milk), we produced 90 days' worth of calories for the entire family this year. Not bad for 1/4 of an acre. Sure, there were some inputs (grains, hay, straw, etc.), but the cost of animal feed is far cheaper than people feed, plus you get a healthier, tastier product. What we do purchase, we buy staples in bulk and cook damned near everything from scratch. Store-bought white flour is "convenience food" in our house (yes, we grow and mill wheat for some of our flour needs). We use whole, unprocessed foods as much as possible. We don't indulge in health insurance, as there's no need -- we enjoy a very healthy diet and we never get sick.

    We buy most clothing from second-hand stores. We haven't paid for broadcast TV in 8 years, opting to view select shows via Netflix or sites like Hulu. Related to the no TV stance, we avoid advertising, thus our kids (as well as ourselves) are not enticed to by useless crap, and we are quite happy with a few occasional luxuries (coffee, internet, movies, and PC games). We don't celebrate Christmas (the wife and I being atheist, and the kids not indoctrinated to any religious philosophy), so we don't buy anyone anything. For "the holidays" we treated each child to $20, and they get a few things from extended family. No cell phones. We cut our own hair (well, the kids -- the wife and I have long hair). Wife doesn't get her hair or nails done, and she doesn't wear makeup. I telecommute, and don't incur the costs of dressing nicely, commuting, and eating out for lunch every day. We home-school our kids, so we don't need to pay pointless school fees.

    Our unavoidable (for now) monthlies are: $50 for landline+DSL, $25-to-$200 (depending on the season) for electricity, $20 for auto insurance (I hardly drive, so I get "pleasure" use rate, state minimum coverage), and $15 for county trash pick-up. At the worst of times (dead of winter), we spend $200/month for food and livestock feed. At the best of times, we spend almost nothing for food. Maybe $20/month for gas, even when it was $4/gallon.

    I don't expect everyone in this country to go as hard-core with the simple living as we do. Somewhere, though, there should be a balance between the $12k/year I enjoy now vs the $55k/year at my earning peak (with all the expense, hassle and stress that lifestyle mandates) to support a family. If the majority of people lived without consuming so much, this world would be a far better place, and we'd all be able to live well without demanding so much in income. And if that happened, companies wouldn't need to outsource. Of course, if much of the population scaled back their living, companies would be forced to scale back what they would accept in profitability.

    In summary, wage disparity between the typical US worker and the typical third world worker isn't always about exploitation. Some people -- like myself -- just live simpler lives. If a worker in another country has a roof over their heads, access to food and clean water, and isn't under duress to perform th

  6. You're horribly mistaken about what I said. by Samschnooks · · Score: 3, Interesting

    Or, how, about, they pay you for the rest of your life. - you are being facetious but I am not certain why exactly, I suppose there is very thick sarcasm somewhere there.

    Nope and you completely misread what I wrote. What I meant was, if they're going to fire you, for what ever reason, and still enforce the non-compete, then they should pay your salary for as long as they enforce the non-compete because you can't get a job because of the non-compete. Right?

    And this BS about not signing it is completely unrealistic because if everyone demands it, how are you supposed to "not sign it"? I understand NDAs, but other than that, these agreements that employers demand that you sign just a form black mailing employees.

    ... I modify them where I see it necessary. Most people make the mistake of not doing this and it will bite them.

    Really? Good for you! Every time I had a non-compete or any agreement that has to be signed for a job was a take it or leave it. In other words, you either sign it as is or you do not get the job. Of course it depends on what you do and who you are. Meaning, someone like you has skills and talent that, apparently, I do not have and you are able to pull that off. (I am NOT being facetious or sarcastic.)

    I agree with everything else in your post. I just had a problem with the way you interpreted my comment. I typed this with a smile on my face and with warm and fuzzy Holiday feelings.

    Happy New Year!