Legal Question in Employment Law in California
Not being able to work in my line of work for a year
My husband is a self employed contractor. The company he is sub-contracted through made him sign a paper stating that if he leaves the company he can not work in that line of work for one year. This is the contractor lic. that he holds. Can they do this. This also made him sign this paper. He has been doing work for this company for 13 years now and when they recently changed names they made him and all the people that work for them sign this.
2 Answers from Attorneys
Re: Not being able to work in my line of work for a year
probably not enforceable; many employers will make people sign such things on the assumption they will be scared of doing anything about it. You should consult with experienced counsel to be sure. Contact me if interested.
Re: Not being able to work in my line of work for a year
Your letter is confusing because if your husband is self-employed, he is free to work for anyone he wants. If has has worked exclusively for one company for 13 years and they have complete control over him, he is not likely an independent contractor but rather an employee, that leads to all kinds of additional legal consequences to the employer.
Having said that, covenants not to compete are against the public policy of the State of California and are not enforceable, with very limited exceptions. Furthermore, employers have been held to commit wrongful termination for firing employees who refuse to sign these agreements.
Your husband should schedule an appointment with a labor law attorney in your area to discuss, in detail, his circumstances and learn what his rights are.
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