Legal Question in Employment Law in California
Non-Competition Agreement
I live in California and work as a trainer with clients both here and in other states. The company I'm currently with is being bought by a company based in another state. As a condition of continued employment, I'm being told that I am required to sign a non-compete agreement. According to the agreement, I would not be able to take my services elsewhere - to either my current clients or potential prospects - if I left for a period of one year. Is this legal in California? If not, should I sign anyway, knowing that it would not hold up?
1 Answer from Attorneys
Re: Non-Competition Agreement
Agreements not to compete are generally illegal and unenforceable in California. If you want the job, you should probably sign the agreement, since a refusal to do so may cause the prospective employer to reconsider whether you should be hired. If the agreement is ever the subject of an enforcement action in California, you should be able to defeat it and possibly recover damages against your employer.