The FTC's proposal is a good idea on the merits but might not stand up in court.
Here's what makes me insane about this.
If the point is: If we are going to invest in you, we need you to invest in us. Fine... start a non-compete clock ticking from the point at which you have received this valuable training.
If it takes three months to train me, then I sign a 1 year non-compete from that date. Then I know I'm at risk if I leave before that year is out, but after that year I am free. I have paid out my training in time with the company.
But if the non-compete is always hanging over you WHENEVER YOU LEAVE whether it is after 6 months or 6 years, that's just horrible. How is an employee supposed to pay rent or advance in the world.
My grandfather used to tell me: "No one will ever hold it against you for doing better for yourself."
But it's not true. The world has institutionalized screwing people.
It's just awful.
what's an employee supposed to do if they want to change jobs? Just not work for a year?
what if the company is abusive in some way? Or if they just want to move for some life reason?
It's absolutely maddening that this is even a conversation. How do people live with themselves?
Abbott's comments make little sense to me. You can define relevant labor markets as well as product markets. Market definition might be contentious like it always is but the idea nurse's labor market is undefinable sounds absurd. Maybe they don't have legal authority over labor markets but that's a separate argument. Also, Abbott's comment that "Antitrust laws didn’t apply to the relationship between a nurse and her employer because that was a “vertical relationship,” seem to be at odds with the Trump FTC and DOJ releasing vertical merger guidelines. Certainly seems like they thought vertical relationships were covered then!
As a physician, the job market in every city is that there are approximately 2-4 employers, all of which require noncompetes that cover one or more metro areas and probably a wide enough radius in every direction to include most or all of the state. So if a physician actually wants to develop ties to their community, they have literally one choice of employer to stay with forever. Absolutely insane that anyone defends these, and yet another data point on why healthcare workers are not voting GOP again in my lifetime.
How do former employers find out about where their employees moved to? Does the outgoing employee say something either directly (exit interview) or indirectly (social media), or do they ask around at competing firms and they tell them who's on their payroll?