In an article I wrote for the Legal Intelligencer in 2016, titled “Practical Guide to Restrictive Covenants in Pennsylvania and New Jersey,” I offered advice for businesses wanting to draft restrictive covenants that, while covering the business’ interests, would not be too overbearing and potentially be found unenforceable by a court. A few years later, a specific type of restrictive covenant—the noncompete agreement—has become a topic of nationwide discussion. There is a nationwide trend that disfavors the use of the noncompete agreement in the employment context.

Many people might imagine that a noncompete agreement, a type of restrictive covenant that frequently used to prevent a company’s former employee from working for a competitor, would only apply to those working in high-up positions or who otherwise had access to valuable trade secrets. Yet, even those working at Jimmy Johns have been subject to noncompete clauses that restricted them for working at other sandwich shops or restaurants near their Jimmy Johns for up to two years.