Reported Effects of Noncompete Clauses on Practitioners in Applied Behavior Analysis
Noncompete clauses now touch most ABA practitioners and can end careers, so clinics must plan for them.
01Research in Context
What this study did
Brown et al. (2023) sent a survey to ABA practitioners. They asked who had signed noncompete clauses and what happened afterward.
The survey covered pay changes, lawsuits, and whether people stayed in the field.
What they found
Seven in ten respondents said they had worked under a noncompete.
Some earned more money, but others were sued or quit ABA entirely.
How this fits with other research
Brown et al. (2020) asked the same question three years earlier. Back then only one-third of BCBAs reported a noncompete. The new number is twice as high, so the practice is spreading fast.
Kazemi et al. (2022) show that workplace conflict already pushes many BCBAs toward quitting. Adding noncompete fights could speed up the exit.
Slowiak et al. (2022) found that self-care and job-crafting protect staff from burnout. Noncompetes work against those fixes by locking people into rigid roles.
Why it matters
If you hire or supervise BCBAs, expect more incoming staff to arrive with noncompetes in their past or present. Check contracts before you make offers, build exit support into onboarding, and push back on clauses that bar former employees from serving families in your area.
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Add one question to your hiring interview: 'Are you under a noncompete?' Note the answer before you make an offer.
02At a glance
03Original 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.
Behavior Analysis in Practice, 2023 · doi:10.1007/s40617-022-00718-4