FTC bans Non Compete clauses

[Remy]

It is not good news for capitalism. Medicine is one of the few spaces where I might argue there is a public policy reason not to allow noncompetes. Just more big government interference.

I find it good for capitalism. Screw big business trying to keep their thumb on their employees.

[Carolina Counsel]

I find it good for capitalism. Screw big business trying to keep their thumb on their employees.

I disagree, obviously. Non-competes are not just for "big business," they're often a necessity for small businesses, particularly those in specialized fields that share their trade secrets with employees (yes, I know that you can still protect trade secrets absent a noncompete). A business often invests a lot of time and energy (at an initial loss) into training its employees and instilling industry-specific knowledge to that employee. The business reasonably wants to protect its investment. One way to do so is by way of noncompete. The law already states that a noncompete is unenforceable if not accompanied by consideration, so employees are required to receive something in exchange for signing a noncompete. It's up to that employee to determine whether the juice is wroth the squeeze.