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Comment by cultureswitch | Hacker News Reader

I wonder what's the theory of harm behind such law. Employers competing over talent is... illegal? Explains a lot actually.

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Step 1: make everyone an incredible offer Step 2: get them all hired away from your competitor who is now out of business Step 3: in a year or two, restructure all these people out (or just fire them if your jurisdiction allows) Step 4: your competitor is gone, and all it cost was a year or two of salaries.

Seems like a great way to help out budding monopolies.

it seems like you can just prevent this by providing incentives for your employees to not get poached, and also companies that mass-hire-mass-fire would get reputations for doing so, and people wouldn't fall for it. making it illegal instead of requiring businesses to actually pay for retention and loyalty in a free market way is so silly

When a mass employment offer is made to steal or destroy another business, it's usually something ridiculous. For developers it might be a million a year each, for example. It's not an amount intended to be paid perpetually so it can be larger than the defending business can be paying to retain.

It is not illegal to do general hiring at good rates and shop for employees at a particular company. That wouldn't have the same results as buying a company. Plus, you wouldn't own their creations; you'd have to rebuild or clean room steal it.

You’re assuming that a startup has more money than a larger company. Why?

And since when has a company’s reputation stopped them from doing business?

The 'people wouldn't fall for it' is in error. People aren't rational actors and don't have complete information. That's a bold statement, I know, but it's at least as correct as 'people wouldn't fall for it'. I'm pretty sure it's easy to make a case for 'too many people will fall for it'.

america is nothing if not the land of opportunity to make stupid decisions and have to live with the results

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