Only a sliver of workers negotiate when presented with a noncompete agreement, one study said.
In a career that started in software engineering and rose to management, Chad Burggraf estimates he’s likely signed four noncompete agreements — but he’s always done it with reluctance.
So Burggraf’s resume is filled with tactical hops to stay on the right side of these agreements. He’s known people who needed to pay up in court after their ex-business sued over a noncompete clause. Approximately 30 million employees in all sorts of industries — including lower wage workers — are bound by such agreements, according to FTC estimates. A ban that facilitates easier moves from job to job would boost their wages by nearly $300 billion, the regulator said.
What are noncompete agreements? The agreements generally prevent employees from working with rival businesses, or in a certain geographic area, for a set period of time. The FTC notes employers may also face other types of post-work restrictions, like non-disclosure agreements, customer/client non-solicitation agreements, no-recruit agreements and training repayment agreements.
Three states say noncompete clauses are unenforceable for nearly all workers, California, North Dakota and Oklahoma. It’s noteworthy that California, home to Silicon Valley’s innovation, is one of the three states, Starr said. “They don’t just go away. They are not easy to vacate,” said Hanna, who is vice president of public policy at the National Employment Lawyers Association. Many workers either stick with their jobs, leave and hope their ex-employer doesn’t sue or they work it out in a severance deal, he noted.
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