Did I rip the majority of this blog post off from a TechDrawl post? Why yes, yes I did.
Will I apologize for it? Well, yeah, maybe. But that’s why I linked back to it!
Dave Walters put together a great post, but I’m afraid that some of you out there are missing out on all the good information over there. In case I’m right, here’s some information about a measure on the Georgia ballot in a couple weeks.
Amendment One “Shall the Constitution of Georgia be amended so as to make Georgia more economically competitive by authorizing legislation to uphold reasonable competitive agreements? () YES () NO”
Beneath the clearly biased wording is actually a law allowing employers to restrict where you work after leaving. This isn’t just for full-time employees either. Independent contractors could lose their ability to work with other companies in the same industry, basically a death-knell for specialized contract workers.
It’s not a protection for business, it’s a special interest grab by lawyers who stand to make a lot of money litigating these cases that are currently thrown out of court and businesses who want to stifle competition.
If you’ve ever wanted to start a business, or even work in your same field but for a different company than employs you know, you need to vote ‘No’ on Amendment 1 in order to keep those hopes alive.
Below are some links from Dave’s post and quotes from the articles:
11Alive: Amendment One: “It’s a Damned Lie”
“Well known Atlanta labor attorney Ed Buckley has a strong opinion of Amendment One: ‘It’s a damned lie.’
Amendment One “Shall the Constitution of Georgia be amended so as to make Georgia more economically competitive by authorizing legislation to uphold reasonable competitive agreements? () YES () NO”
Buckley says the wording on the ballot is deceptive and completely misleading. ‘The referendum says nothing about non-competitive agreements and says nothing about the impact on workers who will not be able to pursue their occupations if they quit or are laid off by their employer because they signed a form in order to get a job,’ Buckley said.”
Savannah Morning News: Amendment 1: No
“Georgia voters who foresee starting their own businesses or simply going to work for a different employer in their current fields should vote “No” on Amendment 1. If for no other reason, Georgians should object to this measure based on the fraudulent wording of the ballot item.”
Atlanta Journal Constitution: Amendment One: Making Georgia less competitive
“A 2009 study by the Harvard School of Business focused on Michigan, which in 1985 passed a law much like that now on the Georgia ballot. By tracking patents, the study found that job mobility for inventors in Michigan fell significantly once the law changed.”
In These Times: Big Business Backs Anti-Worker Amendment 1 in Georgia
“Amendment 1 is an attempted power grab by monied interests. It paradoxically proposes to make Georgia more competitive by stifling competition.”
Peach Pundit: Amendment #1
Comment: “The only purpose to a 2-year non-compete in such fields (or ANY field, really) is to trap workers in their jobs… taking an at-will relationship and making the at-will aspect entirely one-sided. The only two types of people who could conceivably support such a thing are: (1) business owners who know exactly what it means, or (2) fools.”
Atlanta Journal Constitution: Pro & Con: Shall voters change workplace noncompete agreements?
“The end result if Amendment 1 is approved? Overly broad non-compete agreements will dictate how and where many employees work. The economy loses because labor is prevented from flowing to the place where it is most productive. The gain? Our already clogged courts gain even more lawsuits, and our judges gain power to become activists who make up and insert completely new terms into contracts. Georgians should not surrender their rights to make way for this one-sided, pro-employer and anti-employee law at any time. But at a time when unemployment is at record levels it is especially wrongheaded.”
Charlton County Herald: Pay attention the constitutional amendments
“The Georgia Libertarian Party, which opposes the passage of Amendment 1, described it this way: ‘This amendment would stifle growth of the economy by providing a barrier to entry to smaller, more agile firms wishing to compete in the marketplace, should they choose to employ those previously employed by a firm in that industry. While employment contracts can be an important part of an employer-employee relationship, they should not be used to punish those who seek to grow the market outside the established firms.’”
Examiner.com: Could Amendment #1 on the Georgia ballot harm employees?
“The employee seems to become a pawn in that should they get laid off, fired, or just no longer wish to remain with a certain company, they could not pursue their current occupation with someone else. Once an amendment becomes part of the Constitution, it is near to impossible to rescind it.”
Here are two studies that show passage of noncompete legislation is harmful to a state’s economy:
University of Toronto (2008)
Harvard University (2009)
And a quote from Nick Masino, head of Partnership Gwinnett, who helped recruit companies like NCR to move operations to Georgia
http://twitter.com/NickMasino/status/26738490631
None of my Economic Development Prospects have been concerned with the ability to “uphold reasonable competitive agreements” Amendment 1
Over the next couple days you may see ridiculous advertisements that gloss over this ballot measure and extol its virtues while never telling you what it does. Now that you know, hopefully you won’t fall victim to it and start Georgia down the wrong path for economic growth.