Legal Question in Employment Law in California

Non compete and final paycheck

A former employee resigned as a Personal Trainer. So after her departure, she contacted a few of the clients and informed them of her departure. Now a few clients (not under contract with our gym)may relocate with her. My boss wishes to instruct her not to contact the clients or he may take legal action. Also, she has a final paycheck - and if she doesnt issue in her final hours (she has returned all property of the gym) he is threating to withhold her check until next payperiod. My question is- she (the employee - didnt sign a ''non-compete'' clause during her employ - So can he instruct her not to contact the gyms clients? Can he withhold her paycheck. She has returned all of the gyms property and completed all obligations for her position? Please advise.

Thanks


Asked on 10/18/07, 11:15 pm

1 Answer from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Non compete and final paycheck

Generally, a written and signed non-compete agreement is unenforceable in CA. However, there are some exceptions to the general rule, but your situation doesn’t seem to fit one of the exceptions. The facts are a little fuzzy, but it appears that the employer would not have a right to withhold the earned paycheck of the employee.

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Answered on 10/21/07, 10:10 am


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