As the U.S. Federal Trade Commission looks to ban noncompetes, employment attorney Jarrod Trombley tells Crain’s Detroit Business the decision is likely to prompt employers and employees to have a discussion on whether or not to use noncompete agreements and to try and “find a middle ground.”
“More and more states are finding that middle ground,” said Trombley, an attorney with Warner Norcross + Judd LLP. This is “based on the type of work that employee is doing and how much that employee makes,” which he noted was “a reasonable approach.”
Since the FTC’s published rule banning noncompete agreements across the country, set to go into effect in September 2024, Trombley said he’s gotten numerous calls from employees and employers in noncompete disputes.
In offering his clients guidance, Trombley said he offers advice consistent with each client’s particular needs, but noted “there aren’t many people taking action right now; everyone is taking a wait-and-see approach to see if the court finds this action enforceable,” he said.
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