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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
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.
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.
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