Noncompete agreements can be complicated, and they generally are not allowed in California. However, there are some exceptions to where they may be used. Additionally, some employers will try to get around the legal rules set forth by the state of California and use non competes anyway. At Walker Law, we are here to help if you need a San Diego noncompete agreement lawyer by your side. Our goal is to make sure that you are treated fairly by your employer and to make sure that your employer is abiding by state law.
A non-compete clause is a portion of the employment contract that forbids a worker from performing work for competitors in the same field. They may also prohibit an employee from doing similar work for other businesses for a designated amount of time. The specified period can even extend past the time of the employee’s termination.
These agreements exist to protect the business’s interests. Employers want to protect sensitive information like trade secrets from finding their way into the common collective. In this way, non-compete agreements are designed to keep former employees from stealing their clients’ intellectual property.
This can be a problem for trade workers in particular. They have training that has prepared them for employment in a particular field. Non-compete contracts can make it difficult for these people to find employment because of the restrictive nature of the contract. Fortunately, not all non-compete agreements are enforceable. Discussing your case with our San Diego employment lawyers is crucial.
In San Diego Non-Compete Agreement, lawyers can nearly always help you to invalidate a non-compete agreement. California courts void such agreements because section 16600 of the California Business and Professions Code makes it clear that contracts that restrain an individual from engaging in their profession, trade, or business are unlawful.
So far, California is the only state to void non-compete contracts. In most states, if the contract is deemed reasonable, it will hold up in court. It is always important to check with a non-compete agreement lawyer in San Diego to discuss the specifics of your case.
When a person leaves a job, even if the non-compete clause is not in effect, California has some rules in place to protect businesses from unfair competition. Here are the rules that may come into play even after a non-compete agreement is terminated:
Whether a non-compete contract is enforceable will often come into question. The agreement must be narrow in scope or geographical market and cover a reasonable period. A non-compete lawyer in San Diego can ensure your rights are protected.
Non-compete clauses can be complicated, and employers can often use them to penalize current and former employees. If your job was terminated because you refused to sign a non-compete agreement, you might be in a position to take legal action against your former employer. Reach out today, and we can discuss your case.
If you feel that your employer is taking advantage of you and you are seeking a non-compete agreement lawyer in San Diego, Walker Law can help. While most non-compete clauses are void in California, you still need to know your options so you can move forward with your career. Let us analyze your case and discover what we can do to hold your employer accountable.