Non-Competition Agreements: A Discussion to Eliminate Their Use

Abstract

This paper examines non-competition clauses and makes the case for their elimination in the course of conducting business. The main purpose of non-competition clauses is for the business entities, since it reduces the amount of competition they face. However, the burden placed on the worker outweighs the advantages for the businesses. The degree of enforceability of non-competition clauses will be explored in Massachusetts, Colorado, and California. This paper analyzes cases regarding non-competition agreements that pertain to each state. Finally, the case will be made that non-competition clauses should be eliminated and instead further enforce current trade secret statutes in addition to the creation of statutes that protect trade secrets on a state level.