Legal Question in Employment Law in California
Non-compete agreement
The Item reads: I further agree that, in compliance with the employment and confidential information agreement, for twelve (12) months from the termination date, i will not attemp to and will not, directly or indirectly, solicit, induce, or encourage any current or former customer of the company to cease doing business with the company and/or to do business with me or any other employer or business.
I have signed this agreement,
Am I bind to this agreement? i'm in sales and this represent a restriction to my livelyhood.
2 Answers from Attorneys
Re: Non-compete agreement
Non-solicitation agreements are binding and enforceable, subject to certain limitations. Non-competition agreements are not (in California). This is often the area of much litigation, because companies are very protective of their business, so if you leave and plan to compete with your employer, make sure you consult with an attorney to find out what you can and cannot do, before you invite a lawsuit.
Re: Non-compete agreement
So, you signed it knowing it would restrict you, and now you want to know if they can enforce your promise? Yes, if it was drafted reasonably as to restrictions on time, distance and scope. The language also relates to the 'unfair competition' laws in CA that they could rely upon. With all that said, you need to decide how much risk you are willing to take of being sued, or your new employer threatened with involvement in suit before deciding to violate your agreement. If you want to consult and review the agreement and the facts, and your proposed actions, feel free to contact me.
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