Non-compete in California

Get Legal Help Today

 Secured with SHA-256 Encryption

Non-compete in California

I work for 3 companies, both providing the same service to different clients. I also provide services at a lower rate on my own time. Both companies are aware of this. I have never worked with any of their clients outside of my scheduled shifts. Even though they have offered to work with me under the table many times I always refuse. In the future I will want to own my own business (providing same services) and stop working with the 2 companies. I have been asked to sign a non-compete agreement by 1 of my employers, is it legal?

Asked on February 23, 2012 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I believe that California does not enforce non-competition agreements against employees (though most states do); it will, however, enforce non-solicitation (i.e. don't contact their customers), confidentiality, and non-disclosure agreements. Also, if you are an independent contractor, the rules may be different: I believe that a non-competition could be enforced against someone who was an independent contractor, not an employee, at the time, since an independent contractor is technically his/her own business; thus, it would be an agreement between two business, not an employer and employee.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption