Something on Transition of System to Super-system,
or
How Unregulated Employment Agencies Industry Brings a New Form of Slavery To America Through The Back Door

In 1996 I was trying to get employment at the trans-national corporation Nortel by sending resumes to its HR department but to no avail. Then I got a call from an employment agency offering me a contract at Nortel. For the lack of other options I agreed and signed a non-competition agreement prohibiting me from taking employment at Nortel during the length of my contract and 6 month thereafter. However, in the course of the contract I found a manager from another division who offered me a full time employment, which I promptly accepted. When the employment agency tried to blackmail me I just told them: "If you, motherfuckers, even dare to go to court I can assure you that you will lose all your business with Nortel !". And they shut up.

Since then that small local agency was bought by a giant trans-national staffing firm with a lot of cash and lawyers and nothing like this would be possible. Consolidation and explosive proliferation of employment agencies in the recent years made them brazen and nowadays they force people to sign non-competition agreements which already prohibit contractors from taking employment not only at the company where they are placed on an assignment but "at any company which is a client of the staffing firm or has been pursued as a prospective client by the staffing firm, and in respect of which the staffing firm has not decided to cease all such pursuit."

What does it mean ? It means that employment agencies prohibit people from taking employment anywhere in North America because they can always claim that they have not ceased attempts to make a company where a worker wants to go its client. In other words, anyone signing a non-compete agreement with a staffing firm becomes its slave and is prohibited from taking employment elsewhere !

Moreover, recently many employers including even as large a company as IBM started requesting prospective employees to confirm in writing that they are not bound by non-competition and non-solicitation agreements to not take employment with them ! This probably means that staffing agencies became so big and powerful that go after even IBM if it tries to hire their slaves.

What could a legal ground for such a slavery be ? It is a legalistic loophole which allows ordinary workers to incorporate. It is enough for a worker to incorporate as he or she becomes not a person but a corporation. As a result he escapes the protection of the labor and anti-slavery law (because he is no longer a worker and even a person anymore) and becomes subject to all cruelties of business law with all its non-compete etc. provisions. Employment agencies do not enslave people. They enslave corporations !

Such a transformation of a person into a corporation is also beneficial for government statistics: people-corporations do not show up on the unemployment list and do not collect unemployment benefits making overall employment picture rosier.

This is an example where converting a system into a supersystem is harmful rather than useful. This clearly proves that principles of TRIZ are not universally useful contrary to what TRIZ-journal preaches, and practicing them in certain areas should be prohibited by law for the sake of public good.