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How Non-Competes for Execs and Lebron James Are Linked...

"We wanted you to be who you said you'd be".

That's the money quote from a Cleveland resident in the video response to the new Lebron ad below.  Go take a look at the video and then come back.

You're back?  Great.  Did you hear the quote, the one that truly matters?

"We wanted you to be who you said you'd be".  

It's at the :57 mark of the video, and it's followed by audio clips from the past of Lebron saying he's got one goal, to bring a championship to Cleveland, and he won't stop 'til he gets it.

Sucks to be living the dream in the micro media age, where everything you say is recorded.

My point?  I'm generally a hands off guy when it comes to non-competes in the workplace.  I think you ought to be able to complete for talent, and feel the pressure to retain that talent, without relying on the billy club of a non-compete that threatens to freeze an employee out of working in an industry for a year or more.

Then I watched this video and thought to myself: Lebron's a lot like a CEO.  He's had the mic for years, and he's willingly taken a leadership position and the benefits that come with that.  Like your CEO, he's been the face of the franchise, charting the course, drawing the people into the mission and creating emotional ties with all stakeholders.

My analysis, as a result of this video: Executives at the C level, maybe next level down in your company, should be tied to a higher standard when it comes to non-competes that limit their ability to work immediately for other companies in your industry.

This standard is already there, for many through employment contracts that create a clear tie and trade for the limited mobility, and also in caselaw that naturally seems to enforce non-competes for execs to a greater degree.    

Still, there ought to be a specific law.  You can't take the mic repeatedly as a C level, whip up emotional connections and think you are the same as the developer or the project manager who has a non-compete.  You're different.  You started being different when you displayed the ego necessary to drive strategy and chart the course of the company.

"We wanted you to be who you said you'd be".  

Comments

Kevin Lane

Don't get me started on Lebron...but I get your point. 2 things I don't like about non-competes: 1 - (in agreement with you) the organization should feel the pressure of retaining the person and 2 - forcing a non-compete is not the best way to start an employment relationship. It's like a "prenup" - yeah, I want to marry you, but when this does NOT work out, here are the terms. I mean, I understand CYA and all, but what about building relationships (employment or personal) on a foundation of trust and commitment?

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