United Serfs of America – Low Income Workers at Jimmy John’s Forced to Sign Noncompete Agreements

Screen Shot 2014-10-14 at 2.29.52 PMWhile oligarchs and corrupt politicians continue to loot the world with impunity, low income workers and the middle class continue to be pushed into a life of misery and serfdom under a neo-feudal plutocracy. The latest example has manifested itself under ridiculous noncompete clauses that low wage workers are being forced to sign at Jimmy John’s.

The Huffington Post notes that:

If you’re considering working at a Jimmy John’s sandwich shop, you may want to read the fine print on your job application.

A Jimmy John’s employment agreement provided to The Huffington Post includes a “non-competition” clause that’s surprising in its breadth. Noncompete agreements are typically reserved for managers or employees who could clearly exploit a business’s inside information by jumping to a competitor. But at Jimmy John’s, the agreement apparently applies to low-wage sandwich makers and delivery drivers, too.

By signing the covenant, the worker agrees not to work at one of the sandwich chain’s competitors for a period of two years following employment at Jimmy John’s. But the company’s definition of a “competitor” goes far beyond the Subways and Potbellys of the world. It encompasses any business that’s near a Jimmy John’s location and that derives a mere 10 percent of its revenue from sandwiches.

It isn’t clear what sort of trade secrets a low-wage sandwich artist might be privy to that would warrant such a contract. A Jimmy John’s spokeswoman said the company wouldn’t comment.

HuffPost knows of no instances in which Jimmy John’s has actually enforced this covenant upon a worker, and the company wouldn’t necessarily be successful if it tried.

But it’s not unheard of for a sandwich chain to enforce a noncompete clause. Last year, a former Subway manager accused her old employer of trying to block her from starting a new job at another sandwich shop, citing a clause the manager signed in 2009.

First of all, executives at Jimmy John’s, you should be ashamed of yourselves. This is fucking beyond pathetic.

Second of all, as I have repeated over and over again, low income and middle class workers need to stop dreaming that the good old days are coming back, and they need to start fighting back. Until that day, the road to serfdom will continue to grow.

In Liberty,
Michael Krieger


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21 thoughts on “United Serfs of America – Low Income Workers at Jimmy John’s Forced to Sign Noncompete Agreements”

  1. How about businesses/corporations asking employees for their facebook password? It seems our country is rapidly becoming more like communism than a republic. One might say fascist. Our officials are all bought off whores. It is really sickening. Take the time to look up the write-in candidates for your state’s next elections. Vote out all the judges. The whole system will soon implode from corruption, just like the Roman Empire Part I.
    We as a nation, have brought this on our own selves, not giving a damn, and not being willing to admit we don’t know it all. All the evil we have done to other nations, will soon come home to US.

    Reply
    • Da democracy bone connected to the socialism bone, the socialism bone connected to the communism bone, the communism bone connected to the fascism bone, and dats da way it goes.

      Holy shit, corporations are asking (maybe even forcing) employees for their face book password! Oh the tragedy. WE should pass a law against that.

    • I never joined the CIA operation known as facebook. It appears Rainmaker, that you are a rude human being, not interested in sharing facts and reaching intelligent consensus through respectful exchange of information, but rather choosing to inflate your ego through posting sophomoric comments.

    • Their own reports are worthless, as anyone who knows the relevant history already knows, and I see by the way you retreated from making a case that you have nothing to back up your claim.

      I recommend you learn the relevant history.

      Try “Road To Serfdom,” written by a guy who lived through Mussolini and Hitler.

  2. I will agree, that the idea of Non Compete agreements for low level employees is absurd. So is the HuffPo article, but then again, so is the HuffPo as an organization and news outlet. (I don’t follow them much but I do follow Liberty Blitzkrieg)To a certain extent, the conversation itself is obtuse. At the risk of being divisive, I would like to make a few points regarding the LB article. First off, no one is forced into doing anything. No one has to work for Jimmy Johns. No one has to eat there for that matter. Regardless, no one has to sign any documents if already employed, they can “opt out” and see what management will do. I can imagine backlash at termination under such circumstances, perhaps even legal action, individual or class action (lawyers gotta eat too). Personally, even if I was an aspiring sandwich maker, I would not sign anything of the sort for employment. Perhaps Jimmy Johns employees should seek out a union such as SEIU (Sandwich Employees International Union) to represent its workers? (I sense an increase in the price of sandwiches and a decrease in the quality)

    Michael, regarding your last paragraph, perhaps I am mistaken and you will correct me, but I thought it sounded a bit like “workers of the world unite”. That terminology has been used before, back in 1848. Also again recently in 2007.

    I guess the point I am trying to make is that employment should be a “free market” or voluntary exercise. Both for businesses, employees and and customers alike.

    Reply
    • I will correct you, because it shouldn’t have sounded like that at all. It should have sounded like this:

      The exact level of tyranny that you’re going to live under, is the level of tyranny you put up with.
      – Thomas Jefferson.

      Not allowing people to leave a sandwich making job for another sandwich making job is obviously not conducive to a “free market.” I’m sure that point is perfectly clear.

    • OK Mike. I guess we disagree on the difference between force (at gunpoint) and free markets (individual responsibility and personal choice). No one is not allowing (FORCING) sandwich makers (workers) to leave one sandwich making job for another. Just don’t sign the document and/or just don’t work there. If there are no employees because no one will sign the document-work under those conditions (not putting up with tyranny), or no one will eat there because the premise is obtuse, there is no Jimmy Johns (unless of the work force becomes automated, but I digress). That’s how the free market works.

      Its your blog Mike. I will quit commenting and participating. On a closing note, I sense leftism and collectivism and it is unnerving. I think we have different perspectives on what Liberty is and what it means.

      I might recommend a short missive:
      https://mises.org/books/inclined.pdf

    • You can “sense” anything you want, but you’d be wrong. For me to advocate that workers should not accept this sort of thing is not inconsistent with what you said above, but for some reason you are getting all worked up by the fact that I used the word force. Clearly my main points were:

      1) Jimmy John’s are fucking assholes for having this clause.
      2) Workers shouldn’t put up with it.

      I stand by both those points. Rather than seeing that those are clearly the main points of the article, you decided to pick on a word I used and run with it.

    • Ok, I’ll bite. And try to make it short. Only because I think you are on the right track.
      First thing, I would agree, Jimmy Johns are assholes. I don’t really give a shit because I don’t live by where they sell sandwiches and would not even if I did. They are a company, not a social club. If some stupid fuck comes up with an idea like non-compete clauses, its their right. “If we got rid of all the assholes and stupid fucks, we would not have any more customers”.
      Second, applying to terminology, “workers” is demeaning to individuals. It implies that sandwich makers aren’t smart enough to make their own decisions and need someone or something to advocate for them. (which sadly, may now be true, but was not always) With respect to the term “force”, its a pretty heavy word to use in the title, as is the term “low-income” just before “workers”.
      I don’t like it, but I will admit it. We live in a collectivist society (socialist/fascist verging on Marxist/Totalitarianism ending in “Globalism”) and we have ALL been indoctrinated into it and buy into it because of the indoctrination since before birth. Myself included, I have just been on a twelve step program longer than most and resist the terminology which results in collectivism. We all advocate the big C on a subconscious level without realizing it.

      Take a breath. reread your article and my responses. Appreciate that my very short interpretation of Liberty is “personal choice and individual responsibility”. Even for sandwich makers.

      In my inane attempt at humor: I am the guy that ran with the “Force” term in header. But you posted a puff piece by HuffPo, who has an agenda btw.

      If you get a chance, read the treatise on Libertarianism I sent and let me know what you think.

    • You clearly like to argue. To the point that you often can’t realize we actually agree on the vast majority of things. So rather than pointing out that I merely shouldn’t have used the word “force” (which I could concede), you made our disagreements existential in your mind and started calling me names unfairly. But this appears to be your nature, and I’m sure you’ve had this pointed out to you before.

      As far as being being a “collectivist,” which you accused me of, this becomeS more absurd in your response where you define it as Marxist/totalitarian/fascist. If you are going to use those labels to describe me, I will kindly suggest that you will merely create adversaries out of people who should be your allies. Pick your battles, stop the name calling and let’s stick to the subject(s) at hand rather than throwing out ridiculous accusations.

      If Jimmy Johns has a right to these clauses, I have a right to call them assholes for it and tell people about them. Just like I’m happy when people notify me of shadiness in a 150 page terms of service contract I haven’t bothered to read. If you don’t appreciate people pointing things out to you, that’s great. You are an incredible human who doesn’t need help. I need some help, and I try to help others. That is all.

      I read my post, and it is clear what I was getting at. If you had been able to contain your penchant for argument and just pointed out you didn’t appreciate the word “force” that would have been productive. Instead we have gotten into a largely stupid argument in the comment section for no reason. A waste of my time and yours. Now I’m done with this.

    • Mike, I never called nor implied you are a collectivist. I wrote “I sensed it”. Further, when writing about collectivist and I am certain I used the term we and included myself. Maybe its me, but I think you are being overly sensitive. Maybe I am to sublime and not direct enough. Either way, I apologize for being insensitive.

    • That has been explained to you before, Michael, by me, several times.

      … remember?

      But you blew all that off at the time

      … because I was wrong?

  3. The point I think Rainmaker, is the pressure on a person to sign a “covenant” regarding the possible future employment at a competitors business.
    Do you not see that this is a clear violation of a person’s privacy? They are sandwich makers for goodness sake. Are they going to exploit the secret sauce? This is simply another attempt to degrade humans and prove one up manship. You work for ME! the big corporation. I find it bizarre and another example of the encroachment of a loss of personal privacy. and a moving away from simple common sense and mutual human respect.
    As far as no one has to work at Jimmy Johns, why yes, Rainmaker, unfortunately, some people do need to work at Jimmy Johns. It is called liking to eat on a regular basis and being willing to obtain legally earned funds.at any job that is available. We might say that our politicians don’t have to engage in go-along-to get-along corrupt requirements or “covenants” either, but they seem to comply as well. So we can observe this mentality from the top down within our societies. We tend to compartmentalize patterns, instead of recognizing a trend. Thanks.

    Reply
    • OK, I guess, kinda sorta. I think this is a bit silly, and here is why. A job at Jimmy Johns as a sandwich maker is probably a stepping stone type of job and not a career. (your the one who used the secret sauce analogy when the article talks about a lateral career move).

      We should all stand up for the downtrodden sandwich makers who are being exploited by way of violation of their privacy. We should circle the wagons and sing Cumbayah while we remembering the NSA is probably monitoring this blog and our responses and defining our dissident threat level. Mine is Useless Eater, which puts me at the head of the eugenics line. I wish I was a Useful Idiot as I was once, that might buy me some time, but alas, I cannot go back. Enlightenment is a bitch.

      People need to stand up for themselves and take responsibility. Not working for assholes like Jimmy Johns is one way. If WE (whoever the hell that hell WE are is) pass laws or regulations or use the legal system against Jimmy Johns instead of boycotting them, then WE just become part of Leviathan and the problem.

  4. “If WE (whoever the hell that hell WE are is) pass laws or regulations or use the legal system against Jimmy Johns instead of boycotting them, then WE just become part of Leviathan and the problem.”

    Who was advocating that? Certainly not MK nor Spacenergy. You are seeing ghosts.

    Reply
  5. Yup, I see ghosts all the time. I believe in Santa Claus and the Easter Bunny too. And there really are not too many laws, nor regulations and the legal system is fair and equal and certainly not corrupted. Its all in my head, right next to the ghosts.

    Reply
    • What that person was saying is that you see ghosts where there are none (here on this site, for example).

      Listen, I value your readership, and your comments can be helpful and constructive when you restrain your argumentative nature and calmly stick to the point you are trying to make without going all crazy calling people ridiculous names.

      If you really “sense” collectivism/totalitarianism/fascism on this site you are so out there I have to ask you to stop reading and stop interacting. If on the other hand, you meant your apology and can stick to specific topics and quit the hyperbolic name calling, then I’d love for you to stick around. I won’t be responding again unless you can communicate like an adult amongst people who all want the same thing in the end, but will naturally disagree from time to time. And that’s ok.

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