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.

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Answered on 2/05/02, 1:04 pm


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