SamuelRSmith said:
Also, you may very well be right about major corporations not agreeing to this kind of thing. Well, it's a good job the vast majority of employers are not major corporations, they're small and medium businesses, where such things are much more realistic. How is it enforceable? The same way all contracts are enforceable... through the courts. It didn't work for you once, so you give up on it? Not to mention that if this problem is even as large as Mr. Khan suggested, the idea of these contracts would be much more common than they are today, and, as such, more businesses would be open/aware of the idea. |
Why it isn't enforceable in courts is that what you may be able to negotiate won't involve sufficient amount of consideration for courts to hold it. Sure, an employer will end up agreeing that you promise you won't leave for X months. But will they offer consideration back that they won't fire you in that time period? If it is one-sided where one side will pay fines, and the other side offers nothing back, if it goes to the courts, the courts will throw it out. This is very likely a reason why large corporations won't do it. You don't think they haven't run into this? If it was such a great deal for them, don't you think they would offer it? Even contractors (see the word contract in there?) who do sign contracts for employment, have much flexibility to get out of them. Right to work means hire or fire at will, and is an environment employers prefer. Even if you beg otherwise, you don't get it. And those one way contracts look a lot like... slavery. That is exactly the relationship a slave has. They are bound to an employer for lenght of time, and the employer can then let them go for any time, and any reason. Courts won't honor that. Doesn't matter if courts have the job of enforcing contracts, if a contract sucks, they won't act. And employers won't respond either, even if someone were to offer their services for free for a few months. Funny thing how relationships will crumble when there isn't mutual exchange of similar consideration.
However, as was mentioned, you MIGHT be able to do something like this with a small company, who has much flexibility. But then you would end up having to have a decent contract signed up and sufficient consideration. It would also likely involve bringing lawyers in and paying them to do it. And making sure it is right. I am fairly sure a small business owner wouldn't want to put up with the added paperwork headache and additional contract signed. They would want someone who fits into what they want, not come back with this extra work. But there might be a place for it.
In regards to hiring on the low end, most are done by large corporations. Most retail is this. Small businesses will hire only as last resort.