Legal Question in Employment Law in California

Non competition clause for an Independent Contractor??

I am a dental specialist being hired by another dental specialist (same specialty). He wants me to be an independent contractor. That is OK by me.

I also understand that he wants to protect his turf from competition. I have no problem with a non-compete clause if it is reasonable.

(Although, I sense a conflict between having me be both an "independent contractor" and the clause. Cake and eat it too?)

Nevertheless, his lawyer has prepared the contract with what I consider to be an excessive non-compete framework. We are in a large urban area. He wants a 15 mile radius for 5 years. This is not acceptable to me but I am in a bit of a bind... I'd like the job AND to stay on good terms.

What guidelines are there for non-compete clauses? I remember something about in NYC they were shown to be useless, even trying to restrict a practitioner from setting up on the same block. Some free advice would be welcome. Thank you.


Asked on 9/02/99, 12:49 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Non competition clause for an

As a general rule, these clauses are illegal in CA. there are however a few exceptions but I dont think your situation is one. See CA Business and Professions Code sections 16600+

You may want your own atty to review it to be sure. If you do sign it, the courts will not enforce it.

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Answered on 9/03/99, 12:46 am


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