Legal Question in Employment Law in California
Rights of present employer to prevent future employment
An Employer in a CPA/bookkeeping firm wrote a letter to his clients telling them that if they hired any of his employees, they would have to pay him 6X their salary for the first 6 months they employ his employee. Is that legal? How would he enforce such a thing?
Thank you for your answer
2 Answers from Attorneys
Re: Rights of present employer to prevent future employment
Good question. This sounds like a non-competition clause. For the most part these clauses are unenforceable in California. However, I would have to learn more facts about you, the situation and the relationship between the two employers to better answer the question.
We often write letters to employers addressing this issue. Please contact me should you wish to discuss it further at the contact information provided.
Sincerely,
Beth Mora
Re: Rights of present employer to prevent future employment
The employer is either totally ignorant of the law, or knows it and doesn't care that he is lying. He can't enforce such nonsense. Even if he had a contract with the clients that agreed they wouldn't hire his employees, he would have trouble enforcing that in CA, let alone getting the outrageous money claimed.
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