Amazon Employee Non Compete Agreement
September 10, 2021
In a response to the complaint filed last week and first reported by tech news site GeekWire, Hall said he wouldn`t have come to Amazon at all if he had felt the non-compete clause would be enforced. Ariel Kelman, AWS` chief marketing officer when Hall arrived on board, told him he believed the company`s non-compete agreement was not enforceable and had never been used as a basis for prosecuting an employee of the marketing group, Hall said in a court file. (Kelman, who, as a California resident, was protected from most competition bans, left Amazon in January for rival Oracle Corp.) A complaint against a cloud service employee who went to Google highlights Amazon`s aggressive tactics to keep talent. Amazon did not respond to a question that asked for examples of jobs that the deal would ban its former storage workers. It`s worth noting, however, that some of the largest U.S. employers, such as Walmart and Target, have implemented interterritorial programs to harmonize the prices of goods sold on Amazon.com, putting products sold in thousands of retail stores across the country in even more direct competition with those sorted across the country through Amazons. Several former Amazon workers in Kansas and Tennessee said they had vague memories of signing a non-compete clause, but hadn`t given it much thought. Two workers who left amazon`s storage jobs in 2012 and 2013 said they had no recollection of signing a non-compete clause. It`s unclear when Amazon began getting warehouse workers to sign that deal, and the company hasn`t responded to Questions from The Verge about it. Two other Amazon employees, approached by The Verge, cited the confidentiality agreement they had signed with the company by refusing to share their experience for this story.
But it`s not just Amazon that`s taking the heat. Critics also blame Washington state lawmakers for failing to implement broader restrictions on competition bans they did not address in the last Legislature. Last year, a federal judge criticized Amazon for its outspokenness. U.S. District Court Judge Ricardo Martinez, who led Amazon`s lawsuit against Moyer, the sales manager, said Amazon could have had its bespoke non-compete clause on certain roles or competitors. Instead, Amazon has left such decisions to the courts. A Google employee, who also spoke on condition of anonymity, said his employer decided to stop prosecuting a candidate who was then working on Amazon because of the risk of legal involvement with the Seattle-based company. . . .