Legal Question in Employment Law in California

non compete agreement question, sales rep- regional director

I was let go from a medical device manufacturer sales rep/ marketing position while on disability for a brain tumor. Now I am ready to go to work. I have asked my previous employer to hire me back and they have no position available. The UK manufacturer of a device we distributed is no longer using my previous employer as a sales channel. They are starting a US sales force. They are offering me a position within the same geographic territory as I served previously. (CA- where i live) I went on disability 15 months ago. I was terminated 8 months ago. My non-compete states no competition/solicitation of customers for 2 years.

I moved over to a different division marketing software a year before I went on disability.. so I had no direct contact with the customers of the hardware division of the company. although there was a small bit of overlap with the software customers I called on.

Question... my understanding is that CALIFORNIA favors the right to work and I should be safe from any legal action the company would take against me. Your thoughts?


Asked on 5/03/12, 8:23 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Without reading the contract or knowing the specifics of the situation it is not possible to give a definitive opinion. I can only say that, generally, contracts that interfere with the ability to work, in California, are not enforceable as they violate California Business and Professions Code section 16600.

If you are concerned that your former employer may try to interfere with your employment opportunity, consult with an experienced employment law attorney for assistance. You should also inform your prospective employer of the existence of the contract so they can get their own legal opinion from their counsel, since they would be affected as well.

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Answered on 5/04/12, 10:02 am


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