IN THE PROFESSION
Notably , highly compensated salespersons will be free to take jobs with competitors , which will cause much consternation for businesses .
Did the FTC get it right ?
Maybe , maybe not . Non-compete laws throughout the country have become quite restrictive on workers , but many states have recently taken steps to limit the breadth of non-competes . Thus , the FTC may have acted too rashly and should have instead let the states maintain control of non-competes .
On the other hand , however , many states that allow broad non-competes do not appear poised to lessen their restrictions on non-competes to be more equitable to all workers . Thus , FTC action may have been necessary to level the playing field .
Will the ban cause mass chaos between companies and their workers ? Time will tell . However , an instructive example may be California , which does not allow noncompetes , but where Silicon Valley has thrived and grown regardless .
We will all know shortly whether the ban is enforceable or not . Until then , keep an eye on the court challenges and keep your clients updated . www . atlantabar . org THE ATLANTA LAWYER 17