Now, the company claims this wasn’t a noncompete per se but rather a “non-service” agreement meant to prevent a competitor from easily taking over the management of a building. But the effect is the same: limiting your current employees' future choices.
See, it’s not that keeping this specific cleaner from leaving is somehow vital to Cushman & Wakefield’s business — although, of course, the firm is obliged to say otherwise. (It would be “irreparably harmed,” its lawyers said, “the extent of which cannot be readily calculated.”) Rather, what’s important is keeping all of its workers from leaving for better pay. Especially when a few of them had already been defecting to its top competitor.
Because that’s really what this is all about
: whether workers are allowed to leave for greener pastures or their bosses are given the green light to put up such high fences around them that they’re forced to stay. In other words, it’s about power: who has it and who doesn’t. Or, more precisely, whom we give it to and whom we don’t. If we create a legal framework that puts workers on an equal footing, then they can go get a raise without having to wait for their employers to deign to give it to them. But if we don’t, then those bosses, secure in the knowledge that their employees can’t easily leave, can get away with offering only minuscule pay increases, if that.