To mitigate the FTC’s concern about noncompete agreements being imposed to suppress the average worker’s potential, I believe that courts should be the arbiter of whether such agreements are warranted given the employee’s position. The court is in the best position to listen to the facts of a particular case and to determine whether the noncompete agreement is an overreach. A complete ban of noncompete agreements is not the solution.
“Commentary: Eliminating noncompetes will hurt trade secret protections” by Keith Noe Published in Boston Business Journal
- June 13, 2023