Legal Question in Business Law in California

Is there a way, certainly. But, you should be able to win, based on the facts so far.

In situations similar to yours, threats of suit are fairly common, actual suits are fairly uncommon, and the defendant either prevails or gets a favorable out-of-court settlement most of the time when a suit does occur. Of course, even a suit that you win is monetarily and emotionally draining and time-consuming, so you want to avoid antagonizing the other side unnecessarily, especially when it's your mother.

California law encourages, on the one hand, competition between former bosses and their ex-employees; on the other, it discourages misappropriation of trade secrets. Information about clients and their particular needs can be a trade secret. In cases where it is the employee who has developed the relationship with the client, the trend of decisions is somewhat in favor of the former employee having a right to take those customers without incurring liability to the employer. This is a kind of recognition that neither the ex-employee nor the client is going to be able to de-program and forget the former relationship.

Still, I would be cautious not to remove any files, Rolodexes, etc. from the office on your last day (or at any time) and to limit your contact with your old clients to informing them of your new business affiliation (when you resume working) by sending out printed announcements. Let them contact you if they so choose.

Anyone can sue for anything. However, non-compete covenants such as these are generally not enforceable in California

As a Franchise Attorney I agree noncompete agreements are generally unenforceable, but that's not the issue as you did not sign one. The issue is potential misappropriation of confidential customer, etc. information, and you need to be careful. Consult with a good business or franchise attorney in your area for specific advice.

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

Franchise Foundations, a Professional Corporation