California Non-Compete & Employment Agreements Lawyer
Employment Agreements can take many types of forms in the workplace. Commonly, employees may be parties to restrictive covenant agreements, which include non-compete agreements, confidentiality agreements, or non-solicitation agreements. Other types of agreements include employment contracts (like permanent contracts, at-will agreements, fixed-term contracts) or even Independent Contractor Agreements (which may or may not actually create an independent contractor relationship). Not all contracts are formal or written, either. In certain situations, California laws may recognize oral agreements (or even implied oral agreements) or a series of communications which constitute an “agreement” (like text messages, e-mails, etc.).
If you have questions about an agreement you have signed, are planning to sign, or believe has been violated, it is important that you seek consultation with an experienced California Employment Agreement Attorney.
Highly skilled workers are a valuable commodity in every state. The foundation of most successful employers is usually a successful workforce. However, a successful workforce requires investment – in training and resources. Because of this, many times, employers may seek to restrict the future employment of their employees who separate from their employment. Often times, this is done by requiring that the employees sign a non-compete agreement. However, non-compete agreement in California may be valid in only a few circumstances. Contact us today to discuss your restrictive covenant and our California non-compete agreement lawyers can begin working on a solution as soon as possible.
What is Different About California’s Non-Compete Laws?
As per California’s Business and Profession Code 16600-16607, a non-compete agreement is not valid unless it falls under the specifics of the Code. Examples of some of the exceptions to the rule, in which a non-compete agreement may be upheld and enforceable, include the following:
- “Any person who sells the goodwill of a business;”
- “Any partner may, upon or in anticipation of [certain circumstances] may agree that he or she will not carry on a similar business within a specified geographic area where the partnership business has been transacted;” and
- “A dissolution of the partnership.”
While there may be limited circumstances in which a non-compete is enforceable against an employee in California, employers may seek to restrict employee’s future employment in other ways. More specifically, trade secrets and other confidential business information can be protected outside of a non-compete agreement, as stated in Civil Code 3426-3426.11. As an employee or ex-employee of a company, it may very well be unlawful for you to share such information, especially if you have signed a confidentiality agreement with the company.
Contact Our Experienced California Non-Compete and Employment Agreements Lawyers Today
If you signed a restrictive covenant (non-compete, confidentiality, or non-solicit) agreement when you were originally hired and you are now leaving the company for a competing company, or your employer is pressuring you to sign an agreement now, while currently hired, it is important to seek consultation to review the agreement and understand your obligations. Call Scott • Wagner and Associates today for assistance with your case, and for guidance from our California non-compete and employment agreements lawyers.