Job offers and work
Read the offer, not just the salary.
At-will employment, what your contract controls, and where the FTC’s noncompete ban ended up.
Status, September 2026
The FTC noncompete rule: where it stands
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What the 2024 rule would have done
The FTC published the rule on May 7, 2024. It would have barred new noncompetes with workers starting September 4, 2024, and made most existing ones unenforceable, except those with senior executives.
Source: FTC final rule conforming rules to court decisions (Federal Register, February 2026)
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Why a court set it aside
In Ryan, LLC v. FTC, a federal court in Texas held that the FTC went beyond its legal authority and that the rule was arbitrary and capricious, so it set the rule aside.
Source: FTC final rule conforming rules to court decisions (Federal Register, February 2026)
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The FTC noncompete rule isn't in effect
The FTC's rule banning most worker noncompetes isn't in effect and can't be enforced. A federal district court stopped it on August 20, 2024, the FTC appealed on October 18, 2024, and the FTC moved to drop that appeal on September 5, 2025.
Source: FTC: Noncompete Rule (rule page)
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FTC dropped its appeals (Sept 2025)
On September 5, 2025, the FTC voted 3-1 to dismiss its appeals and accept the court decision throwing out the noncompete rule.
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Rule removed from federal regulations (Feb 2026)
Effective February 12, 2026, the FTC removed the noncompete rule from the Code of Federal Regulations.
Source: FTC final rule conforming rules to court decisions (Federal Register, February 2026)
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FTC still acts on noncompetes one company at a time
Without a rule, the FTC is acting against specific companies. On April 15, 2026, it ordered pest-control company Rollins to stop enforcing noncompetes against more than 18,000 employees, finalized that order on June 22, 2026, and sent a noncompete warning letter to Mortgage Connect on May 8, 2026.
Source: FTC: Noncompete topic page
At-will, and what your contract controls
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At-will is the default in 49 states
In every state but Montana, a job is presumed at-will unless an express or implied agreement says otherwise. Montana generally requires good cause to fire someone who's finished a probationary period.
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Your contract matters when you're let go
The Department of Labor says that if a firing isn't discriminatory, isn't retaliation against a protected whistleblower, and isn't tied to a complaint under laws it enforces, the termination is governed only by any private contract or labor contract.