Legal Question in Business Law in California
Non Compete letter
My former employer has served me with notice that I am in violation of my non compete. I have been given one week to respond. I haven't knowingly violated it and don't have an attorney. Can I get a longer period of time to respond while I find an attorney?
3 Answers from Attorneys
Re: Non Compete letter
Non-compete agreements are void and non-enforceable in California. See Business & Professions Code Section 16600.
Still, you might want to contact an attorney to find out if you're doing something that can be legally restricted anyway. For example, Civil Code Section 3426 et seq. is the CA Uniform Trade Secrets Act, which places restrictions on your use of customer lists and confidential information.
Re: Non Compete letter
The deadline is the other side's unilteral and arbitrary deadline, yes? If so, you don't necessarily need to respond by then.
Moreover, I'm curious whether the non compete is even a valid non compete. California does not favor non competes, except in very limited situations (generally where the restricted party is/was an owner, shareholder, key employee, etc.)
A non compete as to a non-equity non-key employee is likely unenforceable.
Re: Non Compete letter
You can do anything you like with an agreement between the parties. Why should they want to give you time?? Such agreements have limited enforceability in CA, so get an attorney to advise you on what risk you have, and to deal with the company. Feel free to contact me for legal help.