Legal Question in Employment Law in California
Non Competition Clauses
the short question is are Non competition Clauses valid in the state of California? As it pertains to a person making a living?
Asked on 1/29/02, 10:22 pm
1 Answer from Attorneys
Lee Burdick
Ferris & Britton
Re: Non Competition Clauses
Genrally, noncompete clauses are invalid in the State of California. However, there are two limited exceptions regarding the sale of a business or the transfer of a partnership interest. Unless your case falls within one of those narrow exceptions, you are pretty safe to presume that a noncompete clause in a California contract is invalid. Be careful that the contract does not require that it be interpreted and enforced according to another state's law where such clauses are enforceable (i.e., a choice of law provision).
--Good luck.
Answered on 2/05/02, 1:04 pm