Non-Competes for Fast Food? Give me a Break!

Non-Competes for Fast Food? Give me a Break!

Non-Competes for Fast Food? Give me a Break! 150 150 Dan Frith

I have shared my views previously…I hate non-compete and non-solicitation contracts.  They are unfair, unnecessary, and limit entrepreneurial competition and innovation.

I could not believe the recent reports that Jimmy Johns, a submarine sandwich franchise, required its employees to sign an oppressive and highly restrictive non-compete.  It has been reported the agreement prohibited employees from performing services for “any business which derives more than ten percent of its revenue from selling submarine, hero-type, deli-style, pita and/or wrapped or rolled sandwiches” that is located within three miles of any Jimmy John’s for two years following termination of employment.

Give me a break!  Jimmy John’s operates nationwide, the agreement if enforced would prevent former employees from working at another sandwich shop for two full years.

What possible reasonable business interest does Jimmy Johns have in preventing ex-employees from working for another submarine sandwich shop?  Maybe Jimmy Johns has a “trade secret” on how sandwiches are made.  Doubtful.

My Take:  Congress should pass legislation preventing this type of corporate overreach.

About the author

Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at

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