Non-Competes aren’t fair no matter how much you make

Non-Competes aren’t fair no matter how much you make

Non-Competes aren’t fair no matter how much you make 150 150 Lauren Ellerman

There is a great article in the Seattle Times about a $15 an hour job forcing new employees to sign non-compete agreements.

There has been a great deal of focus the last few weeks about low wage workers being asked to sign these non-competition agreements, because basic fairness just seems to go out the window when a guy cleaning carpets, or making sandwiches, or washing dogs is forced to sign a contract that would prevent him from working at another business in the industry.

And while I personally and professionally welcome the discussion and public outrage, I don’t think they are any more unfair for low wage workers, than for high wage earners. I think they are categorically unfair for everyone.

Why should my plumber be allowed to open a competing business and take clients but my oncologist be prohibited from accepting me as a patient when she moves to another local hospital? Why should a hair stylist be prohibited from cutting my hair but the guy who washes it be allowed to work for a competitor? Frankly, in a capitalistic society, people should be allowed to compete.

They should be allowed to provide better services for clients, patients or costumers, and let the market worry about success, fairness etc.

I am not saying that businesses don’t have some protectable interests in trade secrets, or confidential information. I am saying however, that we should be equally outraged that the guy at the sandwich shop has a non-compete, as we are that our accountant does.

So while I agree with and appreciate the article in the Seattle Times, and understand why it is easy to highlight the $3 an hour increase invoking litigation, I don’t want to lose the forest for the trees. Fair is fair, no matter who you are or what you make. And oh by the way, lawyers are not allowed to have non-competes, and yet we are allowed to draft them for other people? Does that sound fair to you?

Virginia Non Compete Cases

Share
About the author

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.

Back to top