
“Non-compete” agreements were originally, at least in theory, a means by which companies protected inside information. Now they’re being used to prevent employees from exercising their right to quit.

Source: The Wall Street Journal
Top executives and key researchers in big corporations have long been asked to sign “non-compete” agreements, forbidding them to go to work for a competing company within a certain number of years after they leave their original employer. The idea is that they possess inside information that the competitor would pay well to know.
But now fast-food workers, dog handlers, camp counselors and workers in other mundane jobs are being required to sign “non-compete” agreements. It is unlikely any of them know any crucial trade secrets. The purpose of such agreements is to limit their freedom to change jobs.
The Jimmy John’s Sandwich Shop chain, for example, has a “non-compete” contract that forbids sandwich makers, for the first two years after leaving, to work in any restaurant that makes sandwiches and is within three miles of a Jimmy John’s. Since most fast-food restaurants are located near other fast-food restaurants, this locks the ex-employee out of much or probably most of fast-food jobs.
High-tech workers have another problem. If they’re prevented from working in their fields, even for only a couple of years, their skills may become obsolete.
“Non-compete” agreements discourage entrepreneurship. I know of a number of founders of successful businesses who started out in large corporations, had an idea they couldn’t convince top management to accept, and left to pursue it on their own. Under some of these agreements, the former employer might sue to stop them.
Another problem is that such agreements make it hard for a start-up company to hire new employees.
Employers say that the cost of training employees is so high it is necessary to lock them into their jobs to prevent them from taking their training elsewhere. But this is to overlook another way of winning employee loyalty: Just treat employees decently and respectfully.
There’s some question as to just how enforceable “non-compete” agreements are, especially for low-level employees who don’t know trade secrets. But in the absence of definite rulings, the employees and their possible new employers are likely to treat them as if they are.
This is a good reason for fast-food workers, and all workers, to join together in unions to represent their interests, including in court.
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