In this hypothetical, they'd also have the choice not to work at Subway in the first place. But realistically, very few companies (especially fast food restaura

In this hypothetical, they'd also have the choice not to work at Subway in the first place. But realistically, very few companies (especially fast food restaurants) would want a non-compete if they had to pay for it. My broader point is that if we say that there may be places that a non compete makes sense, we can both allow that and give workers protections - especially workers with the least leverage to negotiate.