Reported Effects of Noncompete Clauses on Practitioners in Applied Behavior Analysis

Kristopher J Brown; Matthew T Brodhead

doi:10.1007/s40617-022-00718-4

Reported Effects of Noncompete Clauses on Practitioners in Applied Behavior Analysis

Behav Anal Pract. 2022 May 31;16(1):251-264. doi: 10.1007/s40617-022-00718-4. eCollection 2023 Mar.

Authors

Kristopher J Brown¹, Matthew T Brodhead²

Affiliations

¹ Department of Psychological Sciences and Counseling, Youngstown State University, One University Plaza, DeBartolo Hall Room 319, Youngstown, OH 44555 USA.
² Department of Counseling, Educational Psychology, and Special Education, Michigan State University, 620 Farm Lane, Erickson Hall Room 447, East Lansing, MI USA.

Abstract

The purpose of the current study was to evaluate the reported impact of noncompete clauses (NCCs) on practitioners in the field of applied behavior analysis (ABA). Thirty-seven percent of respondents indicated they currently worked under a NCC, 33% reported working under one in the past, and 30% reported never working under one. Responses on the effects of NCCs on practitioners' personal and work lives were mixed. Some respondents reported benefits associated with working under an NCC such as increased pay and reduced commute. However, a concerning number of respondents reported being involved in litigation, having to partially or completely stop working in the field of ABA, having to turn away clients due to NCCs, or contemplating leaving the field altogether. Further, many owners reported using NCCs to protect trade secrets, to avoid losing clients, and reduce employee turnover. The impact of NCCs in ABA, the rights of employees and owners, and suggestions for potential solutions in the field are discussed.

Keywords: applied behavior analysis; autism spectrum disorder; noncompete clauses.