Can you sign a non-compete agreement in California?
Employers in the state cannot make signing a non-compete a required term of employment (unless employees are independent contractors) in California. If you need help with a non-compete agreement as an employer or employee, discuss your case with an employment attorney.
What is the purpose of a non compete agreement?
A non-compete is a type of legal agreement that forbids an employee from entering into competition with an employer. Non-competes exist to protect company secrets and promote employee goodwill within a company.
Can you get attorney’s fees in a non-compete case in California?
The courts will only use California law when deciding these cases. Employees can receive compensation for attorney’s fees if they have to go to court to stand up for their rights during non-compete disputes. Employers cannot seek attorney’s fees, even if the employer wins the case.
Can a California employer enforce a non-compete agreement?
Generally, California does not permit non-compete agreements to be enforced as against public policy and changes in the law as of 2018 provide additional protections to employees seeking to avoid enforcement of a non-compete agreement by their California employer. How Does a Non-Compete Agreement Work?
Is it possible to defeat a non-compete agreement?
It would also be unreasonable for a non-compete agreement to prohibit you from working for a competitor years after the trade secrets your employer seeks to protect are no longer valid. Proving that there was a breach of your employment contract is yet another way that you can defeat a non-compete agreement.
Do you need a lawyer for a non-compete agreement?
The short answer is yes. The longer answer would depend on how reasonable the terms of the non-compete agreement are. Each case is different, and each state handles non-compete agreements differently, so seek legal counsel if you’re unsure.
Can a company restrict you from working for a competitor?
If your employer only operates in a single state, for instance, it would be unreasonable to restrict you from working for a competitor that does not operate within that state.