San Diego Employment Contract Lawyer
In San Diego, California law presumes that employees are at-will employees unless they have a valid contract with their employer. As a result, there are many employers who do offer employment contracts to employees, and those contracts can contain many different kinds of agreements. Most frequently, employment contracts will concern issues such as the employee’s pay, the employee’s benefits, the term of the employee’s employment with that employer, clauses concerning termination, and certain restrictive covenants. However, it is critical for employers and employees alike to understand that it is often difficult to enforce restrictive covenants included in employment contracts. Non-compete agreements, which govern an employee’s ability to conduct similar work in the same geographic areas as the employer when the employment relationship ends, can be particularly complicated when it comes to enforcement.
Whether you have questions about the enforcement of an employment contract or you require assistance drafting or reviewing an employment contract, it is important to speak with a San Diego employment contract lawyers and non-compete agreements attorneys at Scott Wagner and Associates, P.A. We have years of experience serving employees and employers, and we can talk with you about the terms of an employment contract today.
What is a San Diego Restrictive Covenant?
In San Diego and throughout the state of California, restrictive covenants are any clauses in an employment contract or any agreement between the employer and the employee concerning the employee’s ability to perform certain work when the employment relationship ends. In other words, if the employee leaves the business—whether the employee is terminated or leaves on his or her own—a restrictive covenant is designed to limit the employee’s ability to perform certain work that could interfere with or affect the employer’s business.
Restrictive covenants can include but are not limited to the following:
- Non-compete agreements;
- Non-solicitation agreements; and
- Non-disclosure agreements.
Depending upon the type of restrictive covenant, it may be difficult to enforce such clauses or agreements under California law.
San Diego Noncompete Agreements Are One Type of Restrictive Covenant
Non-compete agreements are one type of restrictive covenant, and California courts often do not enforce them. A non-compete agreement will typically restrict an employee for working in the same field, with the same clients, or within the same geographic region as the employer for a certain amount of time after the employer-employee relationship comes to an end. It is important to know that, although many states do regularly enforce non-compete agreements, California is not one of those states.
According to the California Business and Professions Code, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extend void.” What this ultimately means is that, in most circumstances, a non-compete agreement will not be valid or enforceable. If you have signed a non-compete agreement as an employee, or if you are an employer with questions about your rights when it comes to non-compete agreements and other restrictive covenants, one of our San Diego employment law attorneys can assist you.
Learn More from a San Diego Employment Contracts Attorney
Do you have questions about employment contracts or non-compete agreements? One of our San Diego employment contracts lawyers can speak with you about your case. Contact Scott Wagner and Associates, P.A. to learn more.