Is my current employer breaking the law?

[amedina]

What is the name of your state?
California

I am currently working at a restaurant as a waitress. I am not happy with my job due to lack of better shifts and there is a new restaurant opening up very soon across the street. I have decided to apply but was upset when one of my coworkers informed me that he had applied himself and was told by the manager at the new restaurant that they will not be hiring any current or former employees from our restaurant. Appartly our manager and the new restaurant manger are old friends and our current manager has asked the new reataurant manager to not hire any of her staff. Can she do that? Can the the new restaurant manager not hire us due to our current work status? I have a lot of waitresssing experience with great references and should be able to get the job if these politics are not involved. Please help.

Confused and angry

 

[cbg]

An agreement between the two restaurants that they will not hire each other's employees is perfectly legal.

 

[joesanchez]

I'm not a lawyer. But agree that companies can have agreements not to compete.

However, that does mean that your point is in any way diminished. When wrongs are done to individuals, despite the legitimacy, I see a conflict between what is legally right when it impinges on the rights of others.

In this, the employee in search of a better job. What is injustice, if it does not include all the elements?

Is one suppose to swallow the laws that deprive some, and yet award others.

 

[Beth3]

Huh? No wrong is being done to this individual. There are hundreds of other restaurants she could work for, should she choose to.

 

[joesanchez]

So if I understand you correctly the job applicant (disenfranchised) whether minority, say, black, latino, gay or elderly) when deprived of a single opportunity should overlook it. As there are many jobs out there. (This despite evidence the economy is failing, ebbing at best.)

Insight into injustice might assist. If laws or practices award some and not others, the legal system serves only a select few.

 

[Beth3]

No, you do not understand me correctly, as I expect you well know.

This individual's employer and an adjacent employer in the same industry have agreed not to hire away each others' employees. That is neither illegal nor uncommon. Race, gender, age, sexual orientation or anything else has anything to do with this.

 

[HomeGuru]

It is sort of a non hire type agreement among the 2 eateries. Perfectly legal.