Legal Question in Employment Law in California

Can I get sued in California for non compete clause


Asked on 1/19/11, 1:06 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

As a general rule, non-compete clauses as unenforceable in California. They are not a basis to file a lawsuit, unless tied to other action, such as terminating an employee who refuses to sign a non-compete agreement.

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Answered on 1/24/11, 1:27 pm
Terry A. Nelson Nelson & Lawless

Anybody can sue anybody for anything. Winning is a different issue. Mr. Kirschbaum is mostly correct, that they are not enforceable in most cases. BUT they are if properly drafted and within the limited scope the law allows, which they seldom are. If someone is threatening you, consult with local employment counsel to review all your facts and documents. A lawyer's letter to the company may stop the harassment. If serious about doing so, feel free to contact me.

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Answered on 1/24/11, 4:32 pm


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