04 May 2004

NJ Supreme Court to workers of New Jersey: We like corporate power, so shut up and take it.

[EDIT EDIT due to my stupidity] I will only say that this is a ridiculously poor decision. The dissent has it right. It didn't help matters that there was a recusal.

Right prevailed in the appellate decision. At oral argument, it appeared there was an even split. (See "recusal," above.) But we were mistaken. The bad guys (and oh my LORD are they ever bad) won 4-2. Damn it!

Substantively: the basis for decision seems to be that, because noncompetes are not per se illegal, it is impossible to state a claim that a noncompete violates a mandate of public policy. Given that the public policy in NJ is generally reasonably worker-friendly, and that "mandates" have previously been found to exist in the general purposes of public policies, this is a REALLY STUPID TACK TO TAKE. BLEAAARRRGGHH.