Non-Competes and Workplace Morale – An Exercise

Wishing everyone a great and productive new year. Very soon, I will be publishing a journal article on an important topic for companies and, specifically, for HR professionals. The paper is based on my experience with non-compete agreements in practice and a class exercise I use at the MBA and undergraduate levels. In addition, the article will discuss limitations on non-competes that the FTC attempted to impose. Below is an excerpt of the module:

Contracts and Workplace Morale Module

You are a middle manager at the company with eight employees on your team.  The company’s ten middle managers, including you are called into a meeting by your supervisor, a senior vice president who just met with in-house and outside counsel.  The senior VP advised that each manager and their team members will need to sign a non-compete agreement (cannot perform the same job function in the state of Georgia for a period of two years for another company or in any other capacity).  Those who refuse to sign the agreement will need to depart from the company.  The senior VP has given you one week to communicate this message to your team.

With whom will you consult inside the company?  Outside the company?

It is now one week later.  You wish to stay with the company but are uncomfortable with the terms of the non-compete.  Discuss how you will navigate these waters.  Is there a compromise solution?  Explain all options considered. 

Stay tuned - I will post a link to the JLSB journal article here. 

 

Gratitude for People You Work With

 From the Archives (2024)

 

I live by two words: tenancity and gratitude." —Henry Winkler

From time to time, I reflect on my law and teaching career, looking to capture my sentiment in the moment in one word. Recently, I watched an interview with Henry Winkler as he discussed the ups and many downs of his acting career after the hit television show, Happy Days, ended in 1984. The word that stuck with me was that he was grateful for everything. Grateful. Work hard and be grateful. During the ups and the downs. Appreciate current and former colleagues, mentors and mentees, and all of the people you’ve met along the way.

I am grateful to the professors interviewed for my recent book. Unknown to them, they elevated my game as I edited their chapters. When students ask me about time management techniques, I tell them to be strategic and efficient with their time. To learn how and when to say no. But if I listened to my own advice, I likely would’ve passed on a great opportunity. As I was re-reading about the amazing work these Master Teachers are doing with their students, I was inspired to say yes.

This led me to take on the task of recruiting and coaching a team of three students to compete in a three-day international mediation competition hosted by a neighboring university. These students weren’t in my Consumer Law class, had zero exposure to mediation training, and went up against many students who were Conflict Resolution majors. They had five weeks to learn how to mediate a dispute and switch roles from mediator to advocate to client in mock mediation sessions. The same amount of training time that Rocky had to fight world champion, Apollo Creed. The students worked hard and performed admirably. They demonstrated skill, patience, empathy, and poise under pressure, and articulated reflective insights. (And if I’m permitted to beam proudly here, they reached the semi-finals with a collective mediator score ranking 5^th in a 22-team field.)

Author Dan Millman wrote: “The journey is what brings us happiness, not the destination.” I am grateful to the students who sacrificed their time during this adventure to learn and experience something new. In turn, these types of interactions facilitate my personal growth. All of which motivates me to seek out my next quest.

Please take a moment in your busy lives to express gratitude to the people you work with. Continuously. Even if (Especially if?) your workday sometimes feels like the movie, Groundhog Day.

Excerpt, Innovative College Teaching (2024)

#1 Amazon BEST SELLER and #1 NEW RELEASE in Teacher & Student Mentoring (Jan./Feb. 2024)

c 2024 Perry Binder

Administration Halts Appeals of Rulings Blocking FTC Non-Compete Ban for 120 Days

I have a journal article coming out soon about non-competes and workplace morale. It will be an interesting topic this year as the FTC seeks further public comment on whether most non-competes should be banned:

On March 7, 2025, the federal government filed motions for a 120-day stay of its challenges in the U.S. Court of Appeals for the Fifth and Eleventh Circuits. The appeals courts are considering the lower federal court rulings in Texas and Florida that invalidated or enjoined, respectively, the Biden-era FTC rule that would have banned nearly all noncompete agreements.

Read more here

Teaching Technology Law for Entrepreneurs, Spring 2024 and 2025

I am looking forward to this class. In it, I explain that lawyers ask many questions before they give answers / No “one size fits all.” 

Legal Questions if we Started a Business to Build and Monetize an App 

 

Apps 

• Is your app unique? 
• Can its functions be replicated by others? 
• Is your app legally protectable? 
• Functionality 
• Content 
• Name 
• Have you secured domains names prior to a trademark search? 
• Are you an idea person, a techie, or both? 
• Do you need a partner to succeed? 
• If so, do you have an agreement? 
• Are you putting in the same amount of money? 
• Do some bring sweat equity? 
• Are the roles well defined? 
• Do you need to incorporate? 
• Will the app collect data? 
• Do you know the latest laws governing EU nations and data privacy? 
• While developing your app, are you factoring in commercial appeal? 
• How are you going to make money? 
• Are there licensing opportunities? 
• Are there cross-licensing opportunities? 
• How are you going to market your product? 
• Leveraging the internet and social networks for business gain 
• SEO 
• Keyword Advertising 
• E.g. Google Ads 
• What’s the best social media tool to promote your product? 
• How do you get on the Apple Store/Google Play? 
• Will your app have a supporting web page that enhances the app experience? 
• Do you need to hire independent contractors to develop the app, create a logo, or design a web page? 
• What contracts MUST you have those people sign? 
• Who will sign confidentiality agreements and who may say no 
• Do you have Disclaimers and a TOS? 
• Are they enforceable?
  

Interactive Company Training for 2023-2024 (In-Person and via Zoom)

 I. LIGHTBULBS for Leaders: Inspiring Teams with Your Passion  - Workshop Exercise: “Binder’s Reminders” for Mentors Working with Gen Z and Millennials

 II. Leading by Example to Foster a Positive Workplace Culture
A. Handling Employee Social Media Issues in and out of the Workplace
B. Ethics and Morale Building in the Workplace for Executives, Managers, or Employees

C. Re-Sensitizing Employees to Harassment and Discrimination Issues

 IIII. Internal Controls: Protecting the Company’s Assets

A. Contracts - What managers and supervisors need to know about contracts

B. Intellectual Property - All employees must guard the company’s valuable brand

C. Minimizing External Business Risks with an Effective Document Retention Program

Interactive Student Training Topics

 Education Programs for College and High School Students

I.    Being a Savvy Consumer

II.  Consumer Advocacy Skills

III. First Day of College - What's that Like?

Just Published: Teaching Consumer Law & Advocacy Skills with a Judge Judy Team Project

 

In my effort to teach civil justice issues, I wrote Teaching Consumer Law & Advocacy Skills with a Judge Judy Team Project for the Midwest Law Journal.

Click here to read