Non-compete ban not dead issue yet / ISC / send us email addresses September 16, 2024

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Non-compete ban not dead issue yet / ISC / send us email addresses
September 16,  2024

Non-compete ban not dead issue yet

Ken
          I worked for a company that was notorious for non-competes, among other legal things. It left a really bad impression, and I have since avoided any company that asks for something like this.  That company was all round abusive, and constantly threatened and harassed employees with legal nonsense, among other abusive behavior.  In my mind, non-competes are a major red flag. If an employer asks for one, they should at least pay more to make up for the damage it inflicts on the employee.
Anon

Another comment

Ken
If you do not have a non compete and, very important, non solicitation contract , you are just plain crazy. Lot's of rubber meets the road EXPERIENCE has proven this is essential. Just do it !!
Jim Wooster Sr
Alarm Financial Services
jtwooster@alarmfunding.com
cell 917 747 5379

Response
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          From an employer’s perspective anon sounds like an employee from hell; one to be avoided if possible.  I will give you credit if you do express your point of view at your employment interview.  You won’t be getting the job at any company smart enough to use the K&K Employment Agreement or that has a K&K drafted Employee Handbook that employees are required to sign.
          But unfortunately the FTC proposed ban is not dead yet.  Texas and Florida Federal Judges have issued a nationwide ban.  A Federal Judge in Pennsylvania ruled against a ban. [maybe there’s a different US Constitution read in PA ... published by the NY Times perhaps].  Appeals are in progress, so the US Court of Appeals in 3 different jurisdictions will hear the appeal.  If there is a different outcome in one of the US Courts of Appeal the matter may be brought to the US Supreme Court [which has demonstrated, of late, a fairly strict interpretation of the US Constitution [the real one] and if they do, I predict, the ban will be upheld because the FTC does not have the legal authority to enact laws, only to enforce them.  But, I’m not a federal judge so who knows.  I suspect the outcome of the election may have some influence on where the issue lands.  Late I heard Trump was an employer, Harris a public employee, so that may give you some idea on where they might stand on the issue.  What power a President has over the FTC remains to be seen.
          Non-competes are necessary for an employer to protect its confidential and proprietary information, and that includes its customers, its pricing, its referral sources, and lot of other things the employer developed over time, often at great expense. Yes, that needs to be balanced against an employee’s right to change jobs, but reasonable restrictions should be permitted, and are permitted, and what’s reasonable has a considerable body of case law already on the books as guidelines for attorneys drafting and judges interpreting and tasked with enforcing the non-compete agreements.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com