Legal Question in Business Law in California

You can be sued, but I doubt they would win.

California law contains a strong prohibition against non-competition agreements, with limited exceptions. California Business and Professions Code section 16600, specifically states:

"Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void."

California courts have interpreted the law quite strictly ruling that section 16600 reflects an important state public policy favoring the right of employees to change jobs freely. Courts have held that �the interests of the employee in his own mobility and betterment are deemed paramount to the competitive business interests of the employers, where neither the employee nor his new employer has committed any illegal act accompanying the employment change.� (Metro Traffic Control, Inc. v. Shadow Traffic Network (1994) 22 Cal.App.4th 853, 860.

I agree. Few employers who are well-counseled would attempt such a suit, which they are very unlikely to win. At worst, you have the hassle and expense of defending, but in my opinion your risk is not high and you should make the right career move while you have the opportunity.

As the other attorneys said, you can always be sued. Emotions in this type of situation can run on high, especially by employers. Assuming they get sound legal advice before proceeding with a lawsuit against you, their lawyer will most likely tell then to forget about you and advise them of California's law. You should also seek the advice of an attorney in your area.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney