Legal Question in Employment Law in California

termination of employment and after clause exhibit

I was employed by a company. I signed a contract that I would not join the client or its clients within 1 year of termination.

The offer letter also stated that the company would provide me with medical insurance.

My medical insurance was terminated 4 months prior to my resignation.

I have a case against the employer and the employer threatens me to retrieve it back on the basis of my contract that I can not join my client. Does this case come under breach of contract and what other rights do I possess


Asked on 1/11/03, 4:39 am

2 Answers from Attorneys

Frederick Choi Law Offices of Frederick H. Choi

Re: termination of employment and after clause exhibit

Your query is not quite clear on the facts. However, in general, if you signed a non-competition clause, you may be bound to it if you went ahead and took a job with a client of the former company. This would be a breach of contract case. For further assitance, please provide more detail on the facts, or contact our office.

Read more
Answered on 1/13/03, 6:56 pm
Terry A. Nelson Nelson & Lawless

Re: termination of employment and after clause exhibit

CA courts don't like such non-compete clauses, but may enforce them if actually bargained for, and if they are reasonable on their face according to CA case precedents. Yours is a gray area, meaning you will end up needing counsel to oppose the company, unless you simply cave in to them. Contact me if interested.

Read more
Answered on 1/13/03, 7:41 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California