Legal Question in Employment Law in California
Covenant Not To Compete Nor Use Confidential Info
Worked for nat'l known tax firm.Contract contained non-compete clause and non use of confidential info after leaving employment.I started my own business offering same services plus additional services not offered by former employer. I did however before leaving my former employer, send Xmas cards to clients with a note that I would be leaving but would refer them to someone in my former office. In the same note I invited the clients to continue with me and receive the same or inhanced services.I know Covenants Not To Compete can't be inforced in California except in some situations. Did the note that I sent expose me to an exception?
2 Answers from Attorneys
Re: Covenant Not To Compete Nor Use Confidential Info
Oh yeah. This was about as blatant a violation as it gets. If they sue you to make a point, you will need good counsel. Also, who told you that covenants "can't be enforced"? If they couldn't be, they wouldn't be used by many companies.
It may be possible to avoid being sued if you take apppropriate action now. What is required will depend upon the facts and actions to date. Contact me if interested in doing so.
Re: Covenant Not To Compete Nor Use Confidential Info
Well, you need a good attorney. This is the type of work we do. However, you are nor correct. Such clauses are enforceable. California will enforce "reasonable" restrictions for reasonable periods of time, etc., etc. Who told you this???
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