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Reported Effects of Noncompete Clauses on Practitioners in Applied Behavior Analysis.

Kristopher J Brown1, Matthew T Brodhead2

  • 1Department of Psychological Sciences and Counseling, Youngstown State University, One University Plaza, DeBartolo Hall Room 319, Youngstown, OH 44555 USA.

Behavior Analysis in Practice
|April 3, 2023
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Summary

Noncompete clauses (NCCs) in applied behavior analysis (ABA) present mixed outcomes for practitioners. While some benefit, many face litigation, client loss, or career disruption, impacting the ABA field.

Keywords:
applied behavior analysisautism spectrum disordernoncompete clauses

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Area of Science:

  • Behavioral Science
  • Legal Studies in Healthcare

Background:

  • Noncompete clauses (NCCs) are increasingly prevalent in professional contracts.
  • Their specific impact on practitioners within applied behavior analysis (ABA) remains under-examined.

Purpose of the Study:

  • To evaluate the reported effects of NCCs on applied behavior analysis (ABA) practitioners.
  • To understand the implications for both practitioners and practice owners.

Main Methods:

  • A survey was distributed to ABA practitioners to gather data on their experiences with NCCs.
  • Data collected included current and past employment under NCCs and perceived impacts.

Main Results:

  • 37% of respondents currently work under an NCC, 33% have in the past, and 30% never have.
  • Reported impacts are mixed: some practitioners experience benefits like higher pay, while others face litigation, client limitations, or career changes.
  • Owners utilize NCCs to safeguard business interests, including trade secrets and client retention.

Conclusions:

  • NCCs in ABA have significant, often detrimental, effects on practitioners' careers and client access.
  • The study highlights the need to balance business protection with practitioner rights and client welfare.
  • Further discussion is warranted regarding potential solutions and policy considerations for NCCs in ABA.