The Case Against Non-Competes

There is a school of thought and opinion that suggests that non-competes are losing their attractiveness for variety of reasons.  Those leading the discussion against the concept of non-competes claim that trade secrets and other intellectual property can be adequately protected with trade secret agreements and restrictions, and that employers are losing out on a significant part of the talent pool because there is a segment, that tends to be more motivated and talented, who will simply pass on employment rather than sign a non-compete.  Every employer needs to assess whether there is a need for a non-compete depending upon the business, the business model and the business interests that are to be protected by a non-compete.   The best way to protect against customer theft is still, in my view, the non-compete.