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CONTRACTORS BEWARE, HIDDEN NONCOMPETE TO KEEP YOU UNEMPLOYED

 
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nomore
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Joined: 08 Dec 2003
Posts: 19

PostPosted: Thu Dec 14, 2006 10:21 pm    Post subject: CONTRACTORS BEWARE, HIDDEN NONCOMPETE TO KEEP YOU UNEMPLOYED Reply with quote

Some may be aware that Dell has now opened its doors to many, many contract agencies this year.

While working at Dell and for [b]100 days after leaving Dell[/b], regardless of the reason for seperation, you cannot obtain employment through any agency that has contractors working at Dell.

It does not matter if you have no other relation to these agencies, their clients, or the jobs they are placing for. This is the result of Dell's agreement with these agencies. It is a way of forcing non-compete from the agencies themselves.

Since they are now using so many agencies - some of which are nationwide - some of us are now learning that we are "locked out" of the local job market even after being laid off.
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Rocke_T_Sinetist
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PostPosted: Fri Dec 15, 2006 2:53 pm    Post subject: Reply with quote

Good heads-up, nomore. Now when you're working, you can't spend it or you'll starve for 3 months unless you save almost everything you make.

While I was tempped there in 2005, Dell made some kind of shady agreement that gave Spherion control over all temps, even those originally hired through other agencies. Quite uncharacteristic of Dell to single-source--I can't for the life of me see what they thought they stood to gain.

Evidently, that even became apparent to Dell. Currently, Spherion (Sphincteron, as I like to call them) is a bit player. They still seem to more or less rule material handlers, but not technicians. Belcan meanwhile, tells me they no longer handle technicians at all. In fact they even changed their name from Belcan Technical Services to just 'Belcan' (Bel can...what?).

The hiring managers within Dell detest the whole 'temp' concept. They have to constantly train new people, and about the time the new folks get good, they're run off and a new crop of sacrificial virgins comes in. Most businesses hate turnover. Maybe Dell upper management figures that you have to replace people every 9 months, about the time they 'catch on' and their attitude goes south. Either that, or some gawddam Republican wrote legislation giving them a tax advantage for creating churn in the workforce, the way they did with offshoring.
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diashto
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Joined: 11 Nov 2006
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Location: Detroit area

PostPosted: Fri Dec 15, 2006 4:33 pm    Post subject: Reply with quote

Its a good thing we didnt have to sign anythign of the kind with Qualxserv.. in fact, we were told flat out that if we wanted to do on-site support on our own time, we could - we just had to make it perfectly clear that the service was NOT covered under their warrantee, and anything done during that time was expressly NOT a reflection on Dell and it's policies.
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Rocke_T_Sinetist
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PostPosted: Fri Dec 15, 2006 5:08 pm    Post subject: Reply with quote

Yeh, wouldn't want Dell customers to get accustomed to competence.

I did think of a reason Dell would insert that limitation. It's so the next time they feel the 'burn to churn', there's a guaranteed unemployed workforce just hanging out waiting for the 100 days to elapse.

I'm sure the culturally pathological overtones of that policy--i.e., starving people for their corporate convenience--completely escaped them.
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voiceofreason3
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Joined: 05 Jul 2007
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PostPosted: Thu Jul 05, 2007 10:29 am    Post subject: Re: CONTRACTORS BEWARE, HIDDEN NONCOMPETE TO KEEP YOU UNEMPL Reply with quote

nomore wrote:
Some may be aware that Dell has now opened its doors to many, many contract agencies this year.

While working at Dell and for 100 days after leaving Dell, regardless of the reason for seperation, you cannot obtain employment through any agency that has contractors working at Dell.

It does not matter if you have no other relation to these agencies, their clients, or the jobs they are placing for. This is the result of Dell's agreement with these agencies. It is a way of forcing non-compete from the agencies themselves.

Since they are now using so many agencies - some of which are nationwide - some of us are now learning that we are "locked out" of the local job market even after being laid off.


Actually, the 100 day rule states that you can not work for Dell during that time. Not that you cant work with another agency nor another tech company during those 100 days.
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nomore
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Joined: 08 Dec 2003
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PostPosted: Thu Jul 05, 2007 11:59 am    Post subject: Re: CONTRACTORS BEWARE, HIDDEN NONCOMPETE TO KEEP YOU UNEMPL Reply with quote

voiceofreason3 wrote:
Actually, the 100 day rule states that you can not work for Dell during that time. Not that you cant work with another agency nor another tech company during those 100 days.


I'm not talking about the 100 day rule.

Part of the vendor agreement with Dell states that agencies cannot place a contractor elsewhere during that period, even if you are not currently working at Dell, even if it is elsewhere, even if they are not the agency you worked through. That is one of the requirements they must satisfy in order to be a contract agency for Dell.

The reason is that they want a labor pool sitting ready to return, and not get a job elsewhere during that period. Legally that is called interference to prospective employment. However this is TX, and businesses here can do what they please. Unfortunately companies such as Dell are not responsible enough for that kind of freedom.

The whole point is, there would be fewer problems if they would stop being a contract house and actually hire people like most normal companies.
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rustyboots
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PostPosted: Thu Jul 05, 2007 7:43 pm    Post subject: Reply with quote

Quote:
new crop of sacrificial virgins


JEEZ!! Rocke, you crack me up!! But as soon as I stop laughing I start to cry because you are so right. And I can't for the life of me figure out why they churn every 9-12 months. Maybe you are right; attitude is going south at 100 MPH or some tax law gives then some sort of tax break for churning temps 1-2 times a year. Sure isnt good for business, but Dell makes money in so many ways nowdays, I wonder just how many computers they DONT have to sell to still make money?
Good company gone south, driven there by greed, incompetence, and just plain stubborness.
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TestMaggot
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Joined: 04 May 2006
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PostPosted: Thu Jul 05, 2007 10:03 pm    Post subject: Reply with quote

What a racket, do the contractors have to always use the same agency too or does Dell allow them to change? Sounds like once they sign up they are stuck!
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nomore
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Joined: 08 Dec 2003
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PostPosted: Fri Jul 06, 2007 1:55 am    Post subject: Revolving door Reply with quote

TestMaggot wrote:
What a racket, do the contractors have to always use the same agency too or does Dell allow them to change? Sounds like once they sign up they are stuck!


They don't care, but most of the agencies have their own non-competes anyway. Before somebody flames me about the legality of non-competes, remember where this company is located.

In any case it's enough to scare agencies away from placing you. That's the whole point. Why else have non-competes that can't legally be enforced? Looking at the big picture, it's all to ensure that once you've worked for Dell, you cannot work anywhere else in this town. They want to claim and retain people, but still insist on cycling them in and out as contractors. Dell demands commitment but cannot offer the same.

Some people defend this practice as "protecting their labor pool". Sorry but in this country companies can't claim people. That's a very outdated management concept that doesn't work. If there are issues with employee retention, it's usually a sign of poor management or a bad work environment.
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TestMaggot
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PostPosted: Fri Jul 06, 2007 9:17 am    Post subject: Reply with quote

it's usually a sign of poor management or a bad work environment.


OR BOTH!!!

By the way how do you copy a quote from a previous and put it in the box with the poster's name?
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hotrodlincoln
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Joined: 08 Apr 2003
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PostPosted: Fri Jul 06, 2007 9:21 am    Post subject: look up in the right hand corner of a message Reply with quote

TestMaggot wrote:
it's usually a sign of poor management or a bad work environment.


OR BOTH!!!

By the way how do you copy a quote from a previous and put it in the box with the poster's name?


Look in the upper right hand corner of the post that you want to reply to, and you'll see a button that say "Quote". Click it, and it automatically brings up a "Reply To" message with the previous post's words set within an HTML tag.


Last edited by hotrodlincoln on Mon Jul 09, 2007 9:27 am; edited 1 time in total
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Dustoffxl
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Joined: 08 Jul 2007
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PostPosted: Sun Jul 08, 2007 8:03 pm    Post subject: Re: CONTRACTORS BEWARE, HIDDEN NONCOMPETE TO KEEP YOU UNEMPL Reply with quote

nomore wrote:
voiceofreason3 wrote:
Actually, the 100 day rule states that you can not work for Dell during that time. Not that you cant work with another agency nor another tech company during those 100 days.


I'm not talking about the 100 day rule.

Part of the vendor agreement with Dell states that agencies cannot place a contractor elsewhere during that period, even if you are not currently working at Dell, even if it is elsewhere, even if they are not the agency you worked through. That is one of the requirements they must satisfy in order to be a contract agency for Dell.

The reason is that they want a labor pool sitting ready to return, and not get a job elsewhere during that period. Legally that is called interference to prospective employment. However this is TX, and businesses here can do what they please. Unfortunately companies such as Dell are not responsible enough for that kind of freedom.

The whole point is, there would be fewer problems if they would stop being a contract house and actually hire people like most normal companies.


If this is true, then Spherion/Dell is in for some serious shit with the Texas Workforce Commission and Unemployment Benefits. By denying workers other jobs at different companies, this goes against UI Benefits laws. If the temp agency has other jobs that apply to the person, they are, by law, supposed to contact the person about the new position. Otherwise this is UI Fraud against Spherion and other temp agencies.
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