NonDawg FTC rules today (3-2) that most noncompetes are unenforceable.

[boomer79]

I read something about Jimmy Johns in one area making everyone sig on something they couldn’t work for competitors in a 50 mike radius. They said this was other fast food jobs, obviously it wasn’t enforceable but employees thought they were stuck in their minimum wage jobs. There’re is a place for them but unenforceable ones are used to make employees think they can’t leave.

 

[TivoliDawg]

I am in medical and I have seen them enforced against physicians. Several good friends went to court to try to get out of them and the non compete was upheld even when the employer terminated the physician employee. I always refused any position requiring a non compete. And I have seen medical assistants making less than $20/hr threatened over them but never taken to court.

Correct. I have seen them effective against physicians.

Although, most of the docs I know just open a practice 50 miles away for a year, then move back and open in the city they wanted to originally. And most of the patients follow them.

It’s annoying, but really seems like a bump in the road for most docs I know.

And looks like that will also not be upheld soon.

 

[-lowcountrydawg]

Bottom line - non-competes should be enforceable if agreed upon by anyone profiting from the sale of a business in which the non-compete was a major factor in negotiating the price for the business.

They shouldn't be used to force a salaried employee to choose between keeping their job or changing jobs.

Effectively, if you are getting paid specifically for the non-compete and enter into that agreement willingly, taking the money.....it should be enforced.