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2016

Bailey v. Alabama

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The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations, Ayesha B. Hardaway Jan 2016

The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations, Ayesha B. Hardaway

Faculty Publications

There is a growing trend across the nation for employers to require low-level, unskilled workers to execute noncompete agreements as a condition of being hired to work as an at-will employee. The application of noncompete agreements in low-wage positions occupied by unskilled workers is outside of the original scope and purpose of such agreements. These individuals lack both bargaining power and protection from being terminated without cause. Moreover, upon termination of their employment, the executed noncompete agreement can legally prevent these workers from securing employment with another company.

The enforcement of noncompete agreements in these circumstances may require low-level, unskilled …