Non compete ban bill faces opposition

 ALBANY, N.Y. (WTEN) -- A bill that passed in the legislature, and awaits the governor's approval, could remove all non compete agreements in the workplace. While some say it's about time, others think it could be disastrous. Noncompete agreements are contracts that ban workers at one company from going to work for, or starting a competing business within a certain period of time after leaving their job. 

"I think noncompete agreements can play a very valuable role in certain circumstances so therefore an outright ban on all noncompete agreements in virtually all circumstances… I think that is quite problematic,: said Andrei Iancu, Cofounder of Council for Innovation Promotion and private practice lawyer. Iancu said, the legislation should be narrowly tailored, "So non compete agreements are most useful for high-level employees and employees with intimate knowledge of the trade secrets of a company."

But sponsor of the bill, Senator Sean Ryan said information like this should already be protected under a company's non-disclosure agreements; a legally binding contract that prevents employees from sharing certain information. "The ability to protect trade, secrets, proprietary information, list of clients, none of that’s impacted by that, and businesses will still be able to preserve the rights to save that vital information. But what I’ve heard a lot of is companies say they think it’s a good bill as long as it applies to everyone else but not us.  

Ryan said noncompete agreements often force employees to leave the state including those in medical practice. "Most Albany doctors or Buffalo doctors are under non competes, so if you wanted to leave one hospital, you’re not allowed to practice medicine within 25 or 30 miles of the city and what the heck does that do for patient care and continuity of care?" It’s unknown if the bill will be signed by the governor as is, vetoed or if she will request changes to the legislation. We’ll keep you updated on this legislation.