Legal Question in Employment Law in California

Is employment contract valid in CA?

Hi, I have a job offer in small a biotech company. They asked me to sign a one-year contract so that I won't leave before one year. However, a friend said California law does not recognize any employment contract. Would you clarify which one is true? Thank you.


Asked on 7/20/06, 9:29 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Is employment contract valid in CA?

Your friend is partly wrong. The default position is that all employment is at-will, unless otherwise agreed. If a written agreement specifies that it's a one year contract and contains no "at-will" provision (you'd recognize it by use of those words), then it says what it means and you can't be terminated for good cause, nor can you quit without certain penalties.

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Answered on 7/27/06, 3:42 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Is employment contract valid in CA?

Your friend's statement is incorrect. Some employment contracts are enforceable in California and some are not. It all depends on the terms of the contract.

I won't speculate on what your contract says, but contracts the limit a person's ability to leave and work elsewhere are very strictly construed by the courts. Most are not enforceable. If you have some concerns about what you are getting yourself into, have your contract reviewed by an experienced employment law attorney before you accept the job.

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Answered on 7/27/06, 7:34 pm
Terry A. Nelson Nelson & Lawless

Re: Is employment contract valid in CA?

Non-lawyer friends' legal advice frequently cause people grief and confusion.

The parties can enter contracts that explain and limit their rights, including your right to work for a competitor if you leave, so you need to have an attorney review this BEFORE you sign it. Feel free to contact me if interested in doing so.

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Answered on 7/27/06, 9:04 pm


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