> If your company information is so sensitive that losing a worker would leave you vulnerable, then the solution is to compensate that employee well enough that they don’t see the need to leave and take on that additional risk.
Yes, this is what I think people are missing: non-competes harm the free labor market.
Labor is a resource like any other, and as such there's a market. If the labor is highly valuable that means we should value it as such, in dollars. If we're not doing that then that means something is distorting or otherwise breaking the free market.
I would never expect to buy a car for 5,000 dollars. But, for some reason, with labor, everyone's expectations of how a market works suddenly need not apply. Why is that?
The problem is if we forcibly lower wages via non-competes then that harms the labor market as a whole. Yes, companies get to save a few bucks, but in exchange the expectations are broken. This is actually self-destructive. Why? Because companies, as much as labor, relies on those expectations. Now, you can't hire better workers for more money because we've detached monetary value from the actual value of labor. Oops! You want the best of the best? You can't do that do anymore.
On the surface, non-competes appear to benefit companies, but they don't. It's an illusion, and a seductive one.