As a counterpoint, it allows companies to give you a higher salary in exchange for #2 and 3. Or alternatively, if non-competes are the norm, it would allow a business to provide lower salaries for the incentive of no non-compete clause.
The argument whether to ban non-competes should be rooted in the practical applications of the clause. Highly skilled, in-demand workers have the power and financial safety to negotiate a non-compete clause.
The question is when the power dynamic between employer and employee is heavily skewed yowards the employer, can they abuse this imbalance to force non-competes as a market equilibrium.
For example, for a person struggling financially, the slightly higher salary may be a short-term requirement, while the non-compete ruins their long-term prospects.
The issue is, as you mentioned, the employer does have an unfair negotiating advantage. Most employees don't have the luxury of paying lawyers (or the knowledge that this is something they should do) to look at every non-compete offer and explain the contract. Having just gone through the process, lawyers are very expensive and time consuming. Talking to people about it reveals that most people don't really understand the issue either, believing wrongly that non-competes are not enforceable. Many companies also try to hide non-competes until after you have accepted the job offer. Companies in contrast have a much easier time hiring a lawyer, as they can offer a standard non-compete to each of their potential hires. So this is an area where it makes sense for the government to step in and protect workers.
The argument whether to ban non-competes should be rooted in the practical applications of the clause. Highly skilled, in-demand workers have the power and financial safety to negotiate a non-compete clause.
The question is when the power dynamic between employer and employee is heavily skewed yowards the employer, can they abuse this imbalance to force non-competes as a market equilibrium.
For example, for a person struggling financially, the slightly higher salary may be a short-term requirement, while the non-compete ruins their long-term prospects.