Jed L. Marcus, co-chair of Bressler’s Labor and Employment practice was quoted by the New Jersey Law Journal regarding the litigation and increased use of noncompete clauses for low- and mid-level workers.
According to Jed, some employers may be using noncompetes when a nonsolicitation or confidentiality agreement would better accomplish their goal. “I can’t think of a court that’s going to enforce a noncompete against a secretary or an administrative assistant.”
Further, Jed discusses how different sized companies may view noncompetes differently. While a smaller company might examine “the cost of going to court versus how much damage the employee could do,” large corporations in competitive industries may be more aggressive “just to make [competitors] expend attorney fees and costs, and as a message to other employees.”