Legal Question in Employment Law in California
Non-Compete Form
I started a new job 8 months ago. I had worked for the competitor for nearly 7 years. I am dissappointed with promises not kept and the way I have been treated since I started, even though I am their top performer in my market.
They have me working the East Bay rather than the Sacramento market (which is where I worked with my previous company). It has been a win/win situation for them.
I have worked hard and am being forced into a paycut that I guess is company policy every year, but I was never told about it when I started. They have also increased my goal expectations as of January,again, something I was not told would happen.
When I was hired, I signed a non-compete form. Do I have any options? I would like to go back to selling in Sacramento for another company in the same industry, but there is some client crossover between the Bay and Sac.
I have spent so many years building the relationships I have in this tight knit industry of multi-family housing and those relationships directly affect my success. I am the sole provider in my home. Please help.
Thank you!
3 Answers from Attorneys
Re: Non-Compete Form
A non-compete agreement cannot be enforced in California with a few exceptions. Your company might have misrepresented the job to you to induce you away from the competitor, and has made you miserable. Seems like it might be time to move on. Good luck!
Re: Non-Compete Form
Many non-compete agreements are unenforceable due to unfair contraints on competition, overbreadth or vagueness. Further, in your situation, you may have standing for their breach of employment contract. For a free phone consultation, contact us directly today.
Re: Non-Compete Form
Did you relocate your residence in order to accept this position? If so, you may have a cause of action for violation of Labor Code Section 970. This statute prohibits an employer from inducing you to move from one place within the state to another to accept a job under false pretenses. I am also concerned about the pay cut. Generally pay in the sales industry is based on performance, and good performance equals higher pay. This could bolster your 970 claim if they did not inform you of this possibility before you started. The non-compete is most likely not enforceable, but your employer can cause you some headaches if they try to enforce it or threaten you with enforcement.
If you would like to talk further about your situation, please email me directly. Good luck!
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