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Re:Judge rejects $324.5M settlement over Apple, Google hiring by bkeroack on Friday August 08, 2014 @05:58PM (#8155286)
The otherwise amazing book by Ben Horowitz (of Andreessen-Horowitz fame) called The Hard Thing About Hard Things has a chapter that basically lays out and encourages this type of illegal behavior (called "Is It Okay to Hire People from Your Friend's Company?").

It literally recommends that companies maintain a "do not hire" (aka "do not poach") list of other organizations from which HR is forbidden from recruiting. It also recommends calling the CEO of the other company on the down-low to ask permission before extending an offer.

It really disgusted me when I read it. Such smart people doing such dumb things, and encouraging would-be CEOs to do the same.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by mindcrime on Friday August 08, 2014 @06:41PM (#8155467)
It really disgusted me when I read it. Such smart people doing such dumb things, and encouraging would-be CEOs to do the same.

Wow, just wow. I'm reading that same book, but haven't gotten to that part yet. All I can say is... we (Fogbeam Labs) would never, ever, ever do something like this. When the day comes that we have money to hire employees, we are going with a strict policy of "We will poach anyone, anytime, from anywhere. If you want to keep your employees, treat them well enough that they won't want to leave".

Re:Judge rejects $324.5M settlement over Apple, Google hiring by click170 on Friday August 08, 2014 @07:54PM (#8155738)
Please be sure to post on the HN Hiring page when you do start hiring.

Your startup sounds like the kind that won't have trouble attracting people, myself included.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by jusben1369 on Saturday August 09, 2014 @11:40AM (#8157108)
I feel like you're selling it short here. He said "If you would be shocked and horrified if Company X hired several of your employees then you should not hire from them. This should be a very small list and require CEO sign off before happening" At the macro level what he's saying is you have to protect the overall health of your company. If one or two key hires from a competitor result in poisoning the inter company relationships then the negative outweighs the positive so don't do it. Or, at the very least, understand that your internal argument "well that employee was looking so they were lost anyways someone was going to get them" can create a much bigger problem for you down the road (if new employee X enjoys your company chances are she'll tell her friends at old company and HR will see inbound flow and create an unintended "raiding" scenario)

I think he's guilty of trying to overly engineer management here and don't agree but he does have a logic around a really narrow use case.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by argonaut on Friday August 08, 2014 @07:25PM (#8155636)
I did not find it especially disgusting. The specific approach Ben advocates is asking candidates at the interview stage whether they would be okay if you checked with their company. It is your choice whether to say yes or no. You have total latitude to walk away.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by codezero on Friday August 08, 2014 @07:42PM (#8155699)
Ok, you can walk away, but that's not the point. The point is that if I want to get a better offer, and I seek that at another company, it's not fair to ask my current employer if they're willing to let me take that offer, because they may also not be willing to improve your compensation, so you end up stuck where you are just because your company wants you and you are skilled enough for other companies to want you too.

All you are saying is that you are free from reprisal in that situation, OK, great, but that doesn't improve your compensation situation.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by bkeroack on Friday August 08, 2014 @07:55PM (#8155741)
It's not just that, though.

There is a really profound, fundamental mismatch in power between employers and employees: an employee depends upon the employer for the means of basic existence, while the employer does not have the same dependence on any given single employee.

That disparity in power means that there must be very strong legal and social constraints on employers to make the labor market reasonably fair and equitable. Since essentially the only means the employee has at their disposal to better their situation is leaving or seeking better offers elsewhere, this fundamental right must be strongly protected.

Employers can't have it both ways: laws that allow them to fire for any reason or no reason, set any level of compensation they choose (including cutting pay at any time for any reason) all in the name of the free labor market, but at the same time making secret backroom deals to limit compensation or employee attrition. It's either a free labor market or it isn't.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by dreamdu5t on Friday August 08, 2014 @09:20PM (#8155932)
Your definition of a "free labor market" is a contradiction in terms. A free labor market is one where people are free to exchange their labor (collusion), not one where a third party decides who gets to exchange what labor and for how much.

Laws against hiring and pricing agreements are interventions in the market. Laws against hiring agreements are not consistent with a free market.

There's nothing wrong with people (employers) making agreements with other people (employers) regarding the things they own (their money).

Re:Judge rejects $324.5M settlement over Apple, Google hiring by JDShu on Friday August 08, 2014 @09:36PM (#8155963)
As always, wikipedia is a good start.

http://en.wikipedia.org/wiki/Antitrust_law_theory

Re:Judge rejects $324.5M settlement over Apple, Google hiring by dreamdu5t on Friday August 08, 2014 @09:53PM (#8155989)
I'm familiar with anti-trust theory. The idea of collusion reducing competition is fallacious because market competition is not a quantity, but a process by which goods and services are exchanged.

Price fixing and hiring agreements do not involve force, fraud, or misrepresentation- yet the regulation or prohibition thereof directly violates the property rights of the market participants.

I've read the Wikipedia entry you've linked to in its entirety, so I kindly ask that you will read this one: https://mises.org/daily/4397

Re:Judge rejects $324.5M settlement over Apple, Google hiring by defen on Saturday August 09, 2014 @12:57AM (#8156241)
The problem with libertarianism is that it starts with a tiny set of axioms, and then attempts to derive how the world should be. Any deviations from that are then taken as evidence that the world is wrong, unjust, etc. In reality, humans are hierarchical social creatures with complex dynamics, and you kind of have to play by the rules that other people set for you. In this case, a group of people broke the rules and some other people think they should be punished, and I think most of the people here have no problem with that.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by dreamdu5t on Saturday August 09, 2014 @01:08AM (#8156253)
> In this case, a group of people broke the rules and some other people think they should be punished, and I think most of the people here have no problem with that.

The percentage of people who agree with what I've asserted here has no bearing on the validity of my arguments. And attacking my argument for being libertarian is argumentum ad hominem. Shooting the messenger does not address the message.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by nemo on Saturday August 09, 2014 @11:10AM (#8157030)
"attacking my argument for being libertarian is argumentum ad hominem"

No. Saying that the framework you're basing an argument on is flawed isn't dismissing the argument because of a personal flaw of the person asserting something. It's saying that the core axioms/assumptions are flawed.

Maybe you over-identify with that ideology and are taking criticisms of the ideology personally since it feels personal, but it's not at all about you, it's about the ideas you're espousing.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by dreamdu5t on Sunday August 10, 2014 @07:08PM (#8161095)
> it's about the ideas you're espousing.

And you've espoused none. You may disagree with said axioms but you haven't pointed out what those are or why you disagree with them.

"You're wrong" isn't an argument. "You're wrong because what you're saying sounds like libertarianism" isn't an argument either.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by rayiner on Friday August 08, 2014 @11:07PM (#8156099)
Why do you distinguish force and fraud arbitrarily from collusion? Me bashing you over the head and taking your stuff is the ultimate freedom of action.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by dreamdu5t on Saturday August 09, 2014 @12:04AM (#8156181)
It's not arbitrary. Hiring agreements (collusion) do not involve force or fraud. Do you truly not distinguish between bashing someone over the head for my stuff from agreeing to exchange something for it? The latter is voluntary and the former is forced.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by Goronmon on Saturday August 09, 2014 @11:18AM (#8157058)
>Hiring agreements (collusion) do not involve force or fraud.

Hiring agreements are where an employer uses the power of their position (and those they are colluding with) to control their employees. I would argue this is just another form of 'force'. You don't need to physically harm someone to control them.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by dreamdu5t on Sunday August 10, 2014 @07:11PM (#8161108)
A shop that opens across the street from another shop doesn't "force" the other shop to lose money. Your definition of force is contradictory, as it leaves no room for anything that is not pre facto considered force.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by rayiner on Saturday August 09, 2014 @04:26PM (#8157923)
I don't distinguish between a group of people colluding to beat someone up, and colluding to subvert the market by suppressing wages. I think it's entirely arbitrary to say that the state should use violence to prevent one kind of harmful activity and not the other.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by dreamdu5t on Sunday August 10, 2014 @07:28PM (#8161168)
What aspect of the market is subverted by hiring agreements? A price is what two parties agree to trade. Hiring agreements in no way prevent parties from agreeing to trade. McDonald's isn't subverting anything if they won't sell you a burger for 50 cents.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by Jaslanin on Saturday August 09, 2014 @04:45AM (#8156526)
@dreamdu5t in your view, it is acceptable to person to freely agree to be enslaved?
Re:Judge rejects $324.5M settlement over Apple, Google hiring by dreamdu5t on Tuesday August 12, 2014 @04:37PM (#8170010)
In my view, the only problem with slavery is that it's involuntary. It's important to make a distinction between voluntary servitude and involuntary servitude (real slavery). To prevent someone from voluntary servitude would require their involuntary servitude to whomever is preventing them.

To put it another way: If person A is forcefully preventing me from voluntarily serving person B, that makes me person A's involuntary slave.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by phaus on Friday August 08, 2014 @09:47PM (#8155982)
>There's nothing wrong with people (employers) making agreements with other people (employers) regarding the things they own (their money).

If you ever own a business, you deserve for it to fail.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by dreamdu5t on Friday August 08, 2014 @09:56PM (#8155997)
Personal insults aren't an argument.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by argonaut on Friday August 08, 2014 @10:31PM (#8156056)
There is nothing preventing you from engaging other employers if you wish to improve your compensation level. We saw this with Facebook ultimately being responsible for the breaking up of the downward pressure on salaries.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by sxyuan on Saturday August 09, 2014 @02:12AM (#8156333)
That's because Facebook had no part in the agreement. Their policy was to hire from anywhere they could, and they've poached plenty of Google employees. If every company was colluding to fix wages, where would you go?
Re:Judge rejects $324.5M settlement over Apple, Google hiring by dreamdu5t on Sunday August 10, 2014 @07:33PM (#8161185)
Google does not owe you a job. If every company had an agreement to not to hire with any other company and there was nobody who didn't work for any of these other companies, then they would have to terminate their agreement or go out of business. But of course, that wouldn't happen because that situation would incentive companies to break their agreements or not form them at all (such as Facebook). Sure, Google and Apple drive wages down in the same way that Facebook drives wages up.

But to answer your question directly: Yes, if nobody wants to hire you... nobody wants to hire you. I don't see why Google should be forced to hire you anymore than you should be forced to work at Google.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by dustingetz on Friday August 08, 2014 @08:12PM (#8155788)
if maintaining a positive relationship with another company is more valuable than the hire, (and when is this not the case?), obviously you will clear it with the other CEO first. I haven't read the book but you haven't quoted enough context to label this disgusting.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by electromagnetic on Friday August 08, 2014 @08:31PM (#8155823)
There's a difference between 'do not poach' and 'do not hire'. A 'do not hire' list is in essence a Blacklist, which if employed between companies with overlapping skill sets (IE trying to block an engineer moving between Apple and Microsoft) then this is certainly disgusting.

Poaching is the active targeting of employees of other companies, which when done in the umbrella of an investors holdings is bad form (don't bite the hand that feeds you). When done to another company is generally a bad idea if you expect to have to have amicable dealings with them (license patents, buy parts, etc). However, if they're a direct rival and there's no foreseeable reason to be on good terms with them, there is no reason to not poach their employees other than the reason you know you're not acquiring a loyal employee, but one loyal to the money.

A 'do not hire' list is an attempt to blacklist anyone who essentially leaves whatever the umbrella is of its reach, which is an attempt to place a monetary cost on anyone trying to leave the corporate fold. It would be like a bartender breaking the legs of anyone trying to leave. Anyone else who was planning on leaving isn't going to, but they're certainly not going to be buying drinks and that's really going to drive down profits when the bar is at capacity and no one is drinking. There's a reason companies are employing "quitting" incentives, and that's for the very reason that happy employees are productive employees and the notion of one bad apple spoils the bushel.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by dustingetz on Saturday August 09, 2014 @01:57AM (#8156312)
So lets pretend I am a tech lead at a AcmeCo, I quit and start a startup, and an old teammate wants me to hire him. But he is an important employee at AcmeCo and my old CTO will be unable to replace him & his knowledge. I care about my relationship with AcmeCo & the CTO in particular, he is a potential client, we share ownership of some open source offerings, he still mentors me.

How could I possibly take any action that damages this relationship?

Re:Judge rejects $324.5M settlement over Apple, Google hiring by dreamdu5t on Friday August 08, 2014 @08:55PM (#8155885)
Why is that disgusting? What's wrong with two people freely working together peacefully?
Re:Judge rejects $324.5M settlement over Apple, Google hiring by CapitalistCartr on Friday August 08, 2014 @10:04PM (#8156014)
Because when two people freely work together peacefully to break the law, it's called conspiracy. What is wrong with two people freely working together to burn a factory down? To collude to deny others the right of free association and free employment is just as wrong. The CEOs of major corporations that dominate an industry can have a disproportionate impact on an industry, so this is especially wrong.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by dreamdu5t on Friday August 08, 2014 @10:26PM (#8156043)
> What is wrong with two people freely working together to burn a factory down?

I think this should be obvious, but burning a factory down is fundamentally different from hiring agreements, in that it is destruction of someone elses property. A hiring agreement does not involve the destruction or restriction of property, but laws against such agreements do.

> To collude to deny others the right of free association and free employment is just as wrong.

Hiring agreements do not deny anyone the right of free association or free employment. Employment is a free exchange between the employee and the employer. Not coming to an agreement (not offering you a job) in no way is a restriction of your right to make an agreement in the first place. If I don't want to work with you, that doesn't restrict your right to form an agreement with me or with someone else.

> The CEOs of major corporations that dominate an industry can have a disproportionate impact on an industry

I don't see how that's relevant to the fact that laws against hiring agreements are laws against free association.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by lmakeppleave on Friday August 08, 2014 @10:58PM (#8156084)
Take the argument to the extreme, is it OK for every employer in every industry to agree on wages and no-poach? What about on child labor? Minimum Wage? What about colluding on prices? Aren't these all the same infringement? The truth is sometimes society has to take away the rights of the few for the sake of the many. While I agree we tend to do it too often, you will be hard pressed to find many who agree with you on this matter. The fact is rules like this almost certainly make our economy more productive as a whole.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by ElComradio on Saturday August 09, 2014 @02:15AM (#8156340)
> you will be hard pressed to find many who agree with you on this matter.

Has no bearing on whether it's right or wrong.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by CapitalistCartr on Saturday August 09, 2014 @08:27AM (#8156769)
Yes, it may. It depends on how you define right and wrong. Not everyone uses your definition. See Utilitarianism:

http://en.wikipedia.org/wiki/Utilitarianism

Re:Judge rejects $324.5M settlement over Apple, Google hiring by dreamdu5t on Saturday August 09, 2014 @12:07AM (#8156185)
> Take the argument to the extreme, is it OK for every employer in every industry to agree on wages and no-poach?

Why isn't it? Those agreements don't restrict or infringe on the freedom of others to form different agreements, or avoid forming them.

> What about colluding on prices?

Same exact situation. Price agreements don't restrict the freedom of other parties to set prices contrary to that agreement.

> Aren't these all the same infringement?

Without getting into specifics... Yes.

> The truth is sometimes society has to take away the rights of the few for the sake of the many.

I truly commend you for your honesty about what these laws are.

> The fact is rules like this almost certainly make our economy more productive as a whole.

I don't see where that's been demonstrated here. They certainly aren't productive for the firms who are punished for, or prevented from, forming such agreements. I would argue that the fact that firms do form such agreements when free to do so, means that they are productive for the economy as a whole by definition.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by chrismcb on Saturday August 09, 2014 @12:19AM (#8156201)
How is this productive for the economy as a whole. This was done to keep salaries low, so a handful of people could make more money. How does that benefit the economy as a whole?
Re:Judge rejects $324.5M settlement over Apple, Google hiring by dreamdu5t on Saturday August 09, 2014 @12:59AM (#8156245)
> How does that benefit the economy as a whole?

By allowing those firms to make more money. They are the economy too. The economy does not exist for one persons or class of persons benefit.

> This was done to keep salaries low, so a handful of people could make more money.

People cooperated to reduce their expenses without restricting the right of anyone else to cooperate. Just because people make money doesn't make it wrong. Conversely, a handful of people (the defendants) colluded to make more money by keeping salaries high, except they did it by restricting the rights of everyone else.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by djokkataja on Saturday August 09, 2014 @03:52AM (#8156471)
You seem to think that the "economy" in its (mostly or completely) unregulated form is some kind of ideal. Why? Such an economy is dependent on rational actors and perfect information, neither of which are present in human society.

It seems more reasonable that each human in a group will try to maximize their own economic outcomes as well as to assist the other humans that they personally care about in maximizing their economic outcomes. In the modern world, it's often expected that humans are able to extrapolate that the people that they don't know are similarly worthwhile human beings. So while it's generally considered acceptable to try to maximize things for themselves, doing so while knowingly making other humans worse off is seen as morally detestable.

It's important to remember that humans generally care much less about abstract ideals than they do about themselves, the people they care about, and their social standing. The "economy" as it exists in reality does in fact exist for the benefit of one class of persons: those persons who are willing to tolerate it and have the power to change it. When this real-life economy is no longer tolerated, it is changed, in ways like antitrust legislation, class action lawsuits against companies that participate in wage collusion schemes, and the French Revolution.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by lmakeppleave on Saturday August 09, 2014 @04:40PM (#8157961)
It wasn't demonstrated, it was assumed. Mostly because you will need broad understanding of economics. I'll try to do my best to demonstrate it. Imagine a smaller economy where there is only 1 firm. They have complete power to set wages, you don't like it you don't work. (We've already established this would happen eventually if agreements like this were allowed because it is far easier to control wages than it is to create new and competing firms.) What happens when they decide not to pay a living wage? More importantly, what is to stop them from influencing laws such that what becomes fair practice is changed over time? Is it fair to allow a single entity the power over not just the economy but the power to define what is just? We have to be very careful in a capitalist society about confining the limits of what actors are allowed to do because quite literally money often equates to power and with time power defines law. I hope it goes without saying that enough bad laws over a long enough time span are trouble for everyone in society. Unregulated capitalism will always lead to issues for a society because it always concentrates wealth. (Those with the most information and the best decisions always come out more ahead than the rest.) Remember, capitalism isn't the best way to run an economy its just the least bad.

Also, please remember you can't look at a statement in a vacuum. "Why isn't it? Those agreements don't restrict or infringe on the freedom of others to form different agreements, or avoid forming them." Perhaps not technically, but realistically they absolutely do. If we had a million worlds with a trillion firms and easy travel between them then such actions would automatically correct, but we don't and thus people do not realistically have the option to turn them down. The whole point of capitalism is to reward and penalize decisions. It kind of breaks down (predictably) when one side has enough power to prevent the downside of a bad decision. Remember, free speech doesn't mean you can run into a theater and yell fire.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by chrismcb on Saturday August 09, 2014 @12:17AM (#8156198)
It is not a free exchange when multiple employers have an agreement to keep salaries low.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by dreamdu5t on Saturday August 09, 2014 @01:13AM (#8156259)
How so?
Re:Judge rejects $324.5M settlement over Apple, Google hiring by nhjk on Saturday August 09, 2014 @02:59PM (#8157706)
How about more than two people working together peacefully? How about many? And what if it was the employees instead of the employers? Maybe call it something like.. a union.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by balls187 on Friday August 08, 2014 @06:09PM (#8155327)
Seems taken out of context.

Do not hire is different than do not poach.

The wisdom I subscribe to is, if you have common investors, it's bad form to actively poach from portfolio companies.

For companies that are later stage, it's bad form to poach key employee's from portfolio companies.

Do Not Hire agreements between companies, however, seem unreasonable, except when there is clear cause for conflict of interest.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by phaker on Friday August 08, 2014 @07:20PM (#8155619)
Seems taken out of context.

In a [post] on his blog Horowitz describes a scenario in which a person currently employed at a company that is "important" to you comes in for an interview. The recommended course of action is to 1: block the hire, 2: inform said company about it. There are two things i just can't agree with at all:

* The part about informing the current employer: about 50% of the time it will end with ruining the next few weeks or months of his/her life. I.e. getting them fired, with ruined prospects of getting the job they took the risk for. Note that at e.g. apple the standard procedure when they find out that an employee is looking for a job is to escort them out of the building right then and there.

* Note it's not about "poaching", he explains thoroughly that it applies to people who ask for an interview on their own accord too.

If you don't want to read the whole thing, at least read this gem:

It is important to note that just about all of these kinds of policies violate the Right to Work laws in California. Specifically, if you block a hire based on this kind of policy and the employee loses their job and cannot find work, your company is liable for his wages. As a result, the business relationship with the other company must be extremely important for you to employ any kind of “hands off” policy.

said blog [post]: http://www.bhorowitz.com/is_it_ok_to_hire_people_from_your_f...

Re:Judge rejects $324.5M settlement over Apple, Google hiring by DrewAllyn on Friday August 08, 2014 @11:46PM (#8156158)
> Note that at e.g. apple the standard procedure when they find out that an employee is looking for a job is to escort them out of the building right then and there.

Do you have a source on this? I couldn't find anything with a quick Google search.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by 001sky on Friday August 08, 2014 @09:55PM (#8155994)
You are taking it out of context, though. BH is basically talking about an issue that could kill your startup. Whether or not you like that reality, there is a real risk that the other company will retaliate for something they see as an adverse breech of trust.

Note that logic: the problem is not with the company ben is advising. The issue is at the third part company. If that company decides to "go nuclear" and sever all ties because you poached/goaded or otherwise got involved in their "interal politics" (note: this is not a per-se issue of math/economics/money), bad things might happen to your firm.

CEOs of startups have a fiduciary duty to avoid "bad things", and even that choice is a catch-22 (ie, two bad things...) you pick the worst-bad one. And that is what he is saying.

In other words, he's talking about something that is a real-world problem. If you want to vent out about the issue, it really sits with the third part company. They are typically the one with all the power in the situation.

Example:

Startup A had 80% of its business tied to a single company, BigCo B. Like it or not, the CEO of startup A needs to avoid a situation where the CEO of BigCo B comes to the conclusion that he won't do business with A becaus of Politics (note: not economics).

Whether or not poaching is politically sensitive (or offensive) and/or warrants this type of "nuclear" response, is a function of many thing. But none of that is BH's responsibility in the larger world.

This dynamics is something that has played out for millenia from kings and queens and royal courts to how the predisent and Y combinator select their staff and senior leadership.

At a certain level of the game, its all about trust. And polticial power is essentially a combination of trust and goodwill. And its easy to disolve and can reak havok on any company of any size when systemically undermined. So you need to pay attention to it.

In other words, this is a much bigger issue. The tack of trying to shoot or lynch the messenger is sort of misplaced. Because the startup is the employer and may have a power asymmetry with a potential hire; but that startup is in itself subject to potential power assymetries at much higher levels.

(This goes for pissing off BOD members, VCs, and Key clients alike...maybe it suck/isn't fair...etc... but the reality is you need to pick your battes as a small company. And picking fights with the consituents you need to help you build your biz is ~dysfunctional and needs to be understood as such.)

Re:Judge rejects $324.5M settlement over Apple, Google hiring by phaker on Saturday August 09, 2014 @11:37AM (#8157099)
The thing that irks me the most is not the practice itself. My problem is with everything else in that post.

Note that he has not described it as a morally ambiguous but sometimes unavoidable choice (like you did) but as the most righteous and noble option. That he's openly admitting he knows that it's illegal. Pay attention the sugar-sweet language of his parable and how its tone gets more colorful whenever the story takes a darker turn (from pov of the employee).

I mean, this entire thing is something out of a dilbert strip. I'm serious. This is something you'd expect Dilbert's CEO to write. The self deceit, the contrast between the language of "hurt feelings" vs the unstated reality of a person getting fired as a consequence and the stupidity of it all are mocked in hundred different Dilbert strips. Remember when this wage fixing story surfaced and the surprised comments that they were stupid enough to put it in email? If Mr Horowitz ever gets in similar trouble the paragraph i quoted above will make these troubles a lot worse.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by 001sky on Saturday August 09, 2014 @12:52PM (#8157295)
There's plenty of scope to fairly critique the BH piece. He's not perfect or beyond taking a few shot across the bow on a controversial subject.

But the situation of apple and google colluding (ie, this linked article) IMHO is a ~different situation here than the subject of the BH piece.

1> Google and AAPL as of the time of the lawsuit were not small players (fighting for their lives). They were 'fat cats' essentially at the top of the food chain.

2> Their motivations seem inherently economic/greedy, and fundamentally anti-competitive. They were not even vaguely 'customer centric' or otherwise constructive (except at the most tenditious levels).

3> The defendents were self aware their actions were unethica/illegal, and in the context of (1) and (2), were actively taking steps to hide/bury/conspire/collude regarding the illegal activity.

So this type of context is not the same. Calling out the BH essay seems to add a layer of useful sophistication to the discussion here. Half the utility, tho, is understanding the difference.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by undata on Friday August 08, 2014 @06:42PM (#8155471)
Your comment is spoken from a perspective that favors the investors... not the worker who is seeking better employment.

Workers should be free to seek to improve their lives without old white men making back-room deals against them. In this regard the tech industry is no more progressive than any other, and that's incredibly disappointing. We're supposed to be such an intelligent bunch.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by alexqgb on Friday August 08, 2014 @07:00PM (#8155540)
Not convinced this helps the investors either, if the employee is staying within their broader portfolio of companies. Yes, he may cost a bit more, but presumably he's moving to do more valuable and / or productive work, so the uptick in salary should pay for itself several times over.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by cma on Friday August 08, 2014 @09:19PM (#8155928)
Let's say all he does is leverage your offer to get a raise at his current job. That raise comes out of investor dividends.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by codeonfire on Friday August 08, 2014 @11:28PM (#8156130)
Lets say the price of electricity goes up. That comes out of investor dividends also.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by cma on Wednesday August 20, 2014 @12:14PM (#8202947)
I wasn't saying that he wouldn't be right to or they shouldn't pay market rates. I was just refuting the idea that an employee working at a company in a portfolio that interviews at another company in the same portfolio could only do so at a benefit to portfolio shareholders. That's really naive.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by balls187 on Friday August 08, 2014 @07:07PM (#8155571)
Yes, my comment favors investors, by way of favoring companies (and the potential return on investment), but it does not (in my opinion) hinder employees.

I believe you misunderstood my point based on the following comment:

> Workers should be free to seek to improve their lives without old white men making back-room deals against them

I support the "Do Not Poach" rule. "Do Not Poach" does not prevent workers from seeking employment. It means, me as an employer, will not actively solicit employees of other companies if we have shared investors (given the size and complexity of the investments).

"Do Not Hire" on the otherhand, seems to be what you are taking umbrage with, and I concur. Employees should (generally speaking) be allowed to seek employment opportunities without back-room deals preventing that.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by sgustard on Friday August 08, 2014 @07:56PM (#8155745)
There's no practical difference. If I hire Ben away from you, then protest "he came to us! we didn't poach him!" it matters not one bit to our now shattered relationship.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by balls187 on Friday August 08, 2014 @08:43PM (#8155860)
That's a great point, but seems like the CEO (or whatever principal is shattering the relationship) isn't being mature, nor thinking objectively.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by lawnchair_larry on Saturday August 09, 2014 @01:15PM (#8157373)
And how many entry level recruiting employees or their immediate managers do you think even want to have this conversation with someone like Steve Jobs? No single candidate is going to be worth having to defend yourself to the CEO, whether it was unsolicited or not. Practically speaking, these people are going to be the untouchables.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by bkeroack on Friday August 08, 2014 @06:21PM (#8155394)
There is a difference between active poaching and simply getting a resume (or some other expression of interest) from somebody for an open position.

a) If you get sent a resume in response to an open req and you reject them based solely on the current employer of the applicant being a "friendly company" ("do not hire" list), that is illegal and wrong.

b) If you realize the applicant is from a "friendly company" and so you make a subtle threat along the lines of: "We are going to call your current employer to get a reference check before we decide to extend any offer, are you sure that's ok with you?" (also recommended in Horowitz's book), it's also wrong and unfair. I'm not a lawyer so I don't know if that is overtly illegal however.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by tptacek on Friday August 08, 2014 @06:29PM (#8155421)
It is lawful to maintain a "do-not-hire" list of companies from which you disqualify candidates.

It is possibly even lawful to do that with the intent of avoiding poaching and ill will.

What's definitely not lawful is to conspire with the companies on that list to determine its makeup.

Re:Judge rejects $324.5M settlement over Apple, Google hiring by argonaut on Friday August 08, 2014 @07:23PM (#8155633)
How is that a subtle threat? That's not a threat at all. That's just being upfront about it. And if you don't like that you can tell them: "No that's not okay with me" and then walk away.
Re:Judge rejects $324.5M settlement over Apple, Google hiring by balls187 on Saturday August 09, 2014 @12:11AM (#8156195)
I am really quite surprised at the number of downvotes to this has received.

From +3 to now -4.