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(Some Guy)   Bikini barista espresso stand sues barista for going to work at competing bikini barista espresso stand   (thejobmouse.com ) divider line
    More: Amusing, coffee drink, breach of contracts, Foxy Lady, bikinis, Ana Solivan, trade secrets  
•       •       •

11970 clicks; posted to Main » on 29 Dec 2011 at 1:13 PM (4 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



140 Comments   (+0 »)
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2011-12-29 09:54:08 AM  
Minimum wage bikini-clad young women just have no standards of loyalty anymore.
 
2011-12-29 10:26:01 AM  

Mentat: Minimum wage bikini-clad young women just have no standards of loyalty anymore.


We can only hope.
 
2011-12-29 11:08:59 AM  

GooberMcFly: Mentat: Minimum wage bikini-clad young women just have no standards of loyalty anymore.

We can only hope.


did they ever? I dont remember any
 
2011-12-29 12:04:21 PM  
I stopped reading at 'bikini'
 
2011-12-29 01:14:36 PM  
Washington State?

*Checking TFA*

YES!

/Of course, we invented the bikini barista espresso stand.
 
2011-12-29 01:15:37 PM  

Bukharin: I stopped reading at 'bikini'


me too ... whar da pics?
 
2011-12-29 01:16:45 PM  
I didn't know brazilian waxes were corporate trade secrets. I'd be frothing at that bold act of deuchebaggery too...
 
2011-12-29 01:16:55 PM  
Of the businesses I would think would have noncompete clauses in the contract, I must admit that's not one.
 
2011-12-29 01:17:00 PM  
This thread has potential. I love coffee.
 
2011-12-29 01:18:33 PM  
Busty baristas get non-competitive clauses?
 
2011-12-29 01:18:37 PM  
That non compete will stand up in court. Washington is not a right to work state.
 
2011-12-29 01:18:37 PM  
eeny meeny meiny ho!
 
2011-12-29 01:20:10 PM  
What a bikini barista might look like:

www.bikini-baristas.com
 
2011-12-29 01:20:29 PM  
WHAR!!!!
 
2011-12-29 01:21:05 PM  
bikini-baristas.com
 
Ehh
2011-12-29 01:21:10 PM  
Yay, corporate douches, good for you. Suing big execs for jumping ship and taking trade secrets with them got boring, so you started going after clockpunchers. We are all so proud of you.
 
ZAZ [TotalFark]
2011-12-29 01:22:10 PM  
Matthew Keene

"Right to work" means "doesn't have to join a union." That is distinct from whether non-competes are enforceable. This one is two years long, which is a very long time, but is limited in scope.
 
2011-12-29 01:22:37 PM  
non competition contracts, sorta goes directly against the illusory concept of workers being able to go apply and work wherever the benefits and wages are best.
 
2011-12-29 01:22:58 PM  
www.cbsnews.com
 
2011-12-29 01:23:50 PM  
media.bonnint.net
 
2011-12-29 01:24:15 PM  
This case will not proceed until the defendant appears before this court and we examine her briefs.
 
2011-12-29 01:24:24 PM  

Jim_Callahan: Of the businesses I would think would have noncompete clauses in the contract, I must admit that's not one.


Obviously the business is worried about taking assets to a competitor.
 
2011-12-29 01:25:15 PM  
s3-media2.px.yelpcdn.com
 
2011-12-29 01:25:27 PM  

desertfool: What a bikini barista might look like:


Not that I'm complaining, but isn't that technically a lingerie barista?
 
2011-12-29 01:25:36 PM  

Mentat: Minimum wage bikini-clad young women just have no standards of loyalty anymore.


You'd think paying someone so little that it's illegal to pay any less would instill that!
 
2011-12-29 01:26:30 PM  
www.bikini-baristas.com
 
2011-12-29 01:27:40 PM  
FTA ...the principals of Foxy Lady

Why couldn't I have gone to Foxy Lady High? Is that where all the hot female teachers I read about on Fark fark their students?
 
2011-12-29 01:27:46 PM  

knightofargh: desertfool: What a bikini barista might look like:

Not that I'm complaining, but isn't that technically a lingerie barista?


By golly you're right. Mods, delete that post right away! I wasn't following the rules!

/just kidding
 
2011-12-29 01:28:07 PM  
media.bonnint.net
i'm lovin' it.
 
2011-12-29 01:29:07 PM  

Ehh: Yay, corporate douches, good for you. Suing big execs for jumping ship and taking trade secrets with them got boring, so you started going after clockpunchers. We are all so proud of you.



A non-compete's a non-compete. You sign it, you're ass is mine. You F me, I'm going to F you.

Don't want it; don't sign it.
 
2011-12-29 01:32:30 PM  
sounds like she landed in some hot water...
 
ZAZ [TotalFark]
2011-12-29 01:35:19 PM  
ZzeusS

The law says if you sign a contract that is too unfair you get to break it. The doctrine is called "unconscionability". Whether you feel guilty for doing so is up to you.

There are a lot of unenforceable noncompete agreements in America. Their purpose is to frighten potential future employers into not hiring the employee. Why risk the 10% chance of a lawsuit that has a 10% chance of succeeding when we can hire the other boobs instead?
 
2011-12-29 01:36:37 PM  
not a bookmark
 
2011-12-29 01:39:12 PM  
ZzeusS: A non-compete's a non-compete. You sign it, you're ass is mine. You F me, I'm going to F you.
Don't want it; don't sign it.


according to the world wide web and wikipedia (which i've heard is always 100% correct) Non-compete agreements are automatically void as a matter of law in California, except for a small set of specific situations expressly authorized by statute. (http://online.ceb.com/CalCases/C4/44C4t937.htm) Not that this happened in Ca., but the point is that sometimes NCCs are nonbinding.
 
2011-12-29 01:42:47 PM  

ZzeusS: A non-compete's a non-compete. You sign it, you're ass is mine. You F me, I'm going to F you.


You mean F yourself out of a bunch of legal fees? Non-competes are non-binding. Especially when drawn up by some loser trying to re-instate slavery. Nice try, though.
 
2011-12-29 01:43:04 PM  
Why is it most of these places seem to either be in the NorthEast or NorthWest? Is it because people in San Diego and along the Gulf Coast get to see plenty of bikinis without having to go buy coffee?
 
2011-12-29 01:44:24 PM  

ZAZ: Matthew Keene

"Right to work" means "doesn't have to join a union." That is distinct from whether non-competes are enforceable. This one is two years long, which is a very long time, but is limited in scope.


I find that most people confuse "Right to Work" with "Work At Will" employment statutes. Most States, including Washington are Work At Will.

A contract for employment that includes a non-compete agreement can often override work at will statutes

But with any non-compete, it can reviewed by a court to determine if it complies with reasonableness standards. Not a lawyer, but the time in this one would seem to be unreasonable. Geographically, asking former employees to not work within a 10 mile radius of their previous employment may be reasonable, but 2 years restraint on an hourly employee? Probably not reasonable. The trade secret stuff is just fluff put in there by the attorneys They would have to demonstrate that they have real trade secrets that they are trying to protect and that they have a comprehensive trade secret protection program in place.

If the court says the 2 years time limit wasn't reasonable, and the 10 mile limit was, they would look at how soon after she left one employer and went to the other. If it was more than 6 months between jobs, the court may say, long enough.

I had an employer try to sue me for breech of non-compete. Court through out the case because I was coerced into signing it. I had been an employee for two years before the owner decided he needed non-competes. He forced me to sign it or lose my job. Because I wasn't compensated for giving up my rights, it was coercive and not in accordance with good public policy. If he had required a non-compete as a condition of employment before I was hired, that would be legal, but you can't force that kind of thing on existing employees without compensating them for giving up their rights.
 
2011-12-29 01:44:27 PM  
Heh, this is down the road from me. Maybe I should get a cup of coffee. As for the legality of the non-compete, here's the WA state court weighs the legality of the contract:

"Washington courts will enforce a "reasonable" noncompete. In general, the following three prong test applies: (1) Whether the restraint on the employee is necessary for the protection of a legitimate business interest or the goodwill of the employer; (2) whether the restraint imposed upon the employee is any greater than reasonably necessary to secure the employer's business interest or goodwill; and (3) whether the degree of injury to the public is such a loss of service and skill of the employee as to warrant a refusal to enforce the noncompete. Furthermore, as these types of "agreements" are contracts, there must be consideration to support the contract. (Consideration being what each side gives up and gets in return for executing the contract. An interesting issue arises when the noncompete is presented in the middle of employment, not at the beginning or in exchange for a severance payment."

/had to get out of a non-compete for a previous job at a TV station
//it's really, really easy to do
 
2011-12-29 01:45:34 PM  
officialmancard.com
 
2011-12-29 01:45:58 PM  
That's gotta be a health-code/safety violation. And nobody cares!
 
2011-12-29 01:48:23 PM  
Grables'Daughter has asked that I let everyone know that she isn't feeling well and cannot participate in this thread. She sends her condolences and asks that everyone post bikini pics in her honor.

I think that seeing bikini pics will help her feel better, so let's do what we can to help her feel better.

She also asked me to post this one to get the ball rolling.

ninjamonkey.us

/A vote for bikini pics is a vote for Grables'Daughter to feel better.
 
2011-12-29 01:49:26 PM  
I go to the competing one, where you ridicule normal girls.
 
2011-12-29 01:49:54 PM  

Jim Gordon: Grables'Daughter has asked that I let everyone know that she isn't feeling well and cannot participate in this thread. She sends her condolences and asks that everyone post bikini pics in her honor.

I think that seeing bikini pics will help her feel better, so let's do what we can to help her feel better.

She also asked me to post this one to get the ball rolling.

[ninjamonkey.us image 640x1085]

/A vote for bikini pics is a vote for Grables'Daughter to feel better.


Get Well Soon, Grables'Daughter!

I'm doing my part to try to get this started.
 
2011-12-29 01:55:52 PM  

Jim Gordon: Grables'Daughter has asked that I let everyone know that she isn't feeling well and cannot participate in this thread. She sends her condolences and asks that everyone post bikini pics in her honor.

I think that seeing bikini pics will help her feel better, so let's do what we can to help her feel better.

She also asked me to post this one to get the ball rolling.

[ninjamonkey.us image 640x1085]

/A vote for bikini pics is a vote for Grables'Daughter to feel better.


Two days in a row of Silver Bikini Girl (tm). Hell of a way to end 2011. Is GD really sick, or preserving her strength for some as-yet-undisclosed Fark surprise?
 
2011-12-29 01:56:13 PM  
www.jimpoz.com

A bikini coffee that won't make you sick and kill you.
 
2011-12-29 01:56:48 PM  
"In the complaint, published by Courthouse News, Foxy Lady alleges that many customers return regularly to be served by a particular barista this whole thing really is just as creepy as you suspected."
 
2011-12-29 01:58:48 PM  
She signed the agreement.

OVER.

/porn numb
 
2011-12-29 02:02:57 PM  
The espresso chain, which targets male customers over the age of eighteen, relies heavily on loyal customers who can't get laid and so visit the business and fap repeatedly.

/truthiness
 
2011-12-29 02:03:30 PM  

puddleonfire: She signed the agreement.

OVER.


It's almost certainly unenforceable. She's a goddamn barista, not an aerospace engineer with a bunch of proprietary knowledge. It's fun to see shiathead bosses run up big legal fees fighting losing battles though, one of my favorite schadenfreude flavors.
 
2011-12-29 02:08:26 PM  
www.hardcoredreamer.com
I LIKE WHAR THIS IS BE GOING
 
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