Legal Question in Employment Law in California

Non compete agreement

I've been employeed for seven years with my employer, I'm now being asked to sign a non-compete agreement. There is no ''consideration'' for doing so. Our employee handbook makes clear we have an ''at will'' policy. Can my employment be terminated for refusal to sign the agreement?


Asked on 8/25/01, 1:32 am

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Non compete agreement

I respectfully disagree with my colleagues. While it is true that California is an "at-will" State, meaning employers do not need good cause to fire employees, they cannot fire someone for a reason which violates public policy. Non-compete provisions are against public policy in California. To fire an employee for refusing to agree to an illegal provision is a wrongful termination. However, there are some very limited exceptions to non-compete clauses, so before making a decision on what to do, have it looked over by an experienced employment law attorney first.

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Answered on 9/04/01, 12:27 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Non compete agreement

In California, all employment is "at will" unless otherwise contracted. As a result, you can be fired for any reason (including not signing the non-compete agreement), or for no reason at all.

The exception is where the parties agree by contract, or if the termination is for some improper purpose, including advising a governmental agency of violations of the law, or discrimination/harassment.

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Answered on 9/04/01, 5:07 am
Ken Koury Kenneth P. Koury, Esq.

Re: Non compete agreement

Yes they can but don�t worry about signing because non-compete agreements are illegal in CA and no court will enforce it.

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Answered on 9/04/01, 5:36 am


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