Legal Question in Employment Law in California

Re: Non-Compete Clauses

The CA Supreme Court ruled in the case of D�Sa v. Playhut, Inc. (2000), that you cannot be fired for refusing to sign a non-compete agreement (In California, unless you are a high level executive, non-competes are unenforceable.) What is interesting about your email is you say that you are "re-negotiating" your "contract." If you have a contract, you might not be terminable at-will. It really depends on the wording of the contract. Employees who are not governed by a contract are "at-will." If you are truly able to negotiate, you should request that the at-will language be removed , and you could add language that says you can only be terminated "for cause." If you are not a high-level executive, the non-compete agreement is unenforceable -- and you cannot be fired for refusing to sign it. . . Feel free to contact me if you want further info. or would like an attorney to review the contract. (I have other postings on at-will employees on this website, which you might read -- even if you are at-will, you have legal protections in CA.) Good luck.

Re: Non-Compete Clauses

It doesn't sound like a very good deal - at will status and a non compete. The agreement would not be enforceable in California. Some agreements based on the law of other states may be enforceable, but there is a trend to not enforce them. You should negotiate the non-compete out of the agreement. As to at will, most California employees are at will. However, if you are a valuable employee with unique skills, perhaps you can negotiate a fixed term agreement with a severance package if the employer wants to buy you out early.

Re: Non-Compete Clauses

Non-compete agreements ARE enforceable in CA under some conditions, some times, they just are not favored by the courts. A contract is a contradiction to 'at will'. You need real advice and help, not generalities from the web, mine or anyone else's. Contact me if interested. This has been a speciality of mine for over 15 years.